UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


FAMOUS    CASES 


CIRCUMSTANCIAL  EVIDENCE. 


WITH  AN   INTRODUCTION 


THEORY     OF    PRESUMPTIVE     PROOF. 


S.  M.  PHILLIPS, 

AUTHOR       OF       "PHILLIPS       ON       EVIDENCE." 

{Fourth  Edition  Enlarged  and  Reiiised.) 


JERSEY     CITY: 

FREDERICK     D.     LINN     &     CO. 

1879. 


T 

IS79 


CONTENTS 


INTRODUCTION. 


1  .»GE 
vii-i  tAx 


Case 


I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 


The  Old  Woman  of  the  Place  St.  Michel 1 

Case  of  John  Jennings 4 

Case  of  James  Harris 11 

Case  of  Soren  Qvist 14 

Case  of  Thomas  Geddely 31 

Case  of  Lesurques 33 

Case  of  Thomas  Williams 45 

Case  of  Professor  Webster 47 

Case  of  William  Harrison 50 

Case  of   Thomas  Wood 53 

Case  of  Count  Montgomery 57 

Case  of  Le  Brun 05 

Case  of  Eliza  Fenning 73 

Case  of  Richard  Coleman 78 

Case  of  William  Shaw 85 

Case  of   Pu  Moulin 89 

Case  of  the  Schmidts 97 

Case  of  Mistaken  Medical  Testimony 113 

Case  of  James  Bas well , 117 

Case  of  John  Miles 125 


670815 


VI 


CON TENTS. 


PAGE 

The  Obstinate  Juryman 129 

Case  of  John  Hawkins  and  George  Simpson 132 

A  Man  Wrongly  Convicted  of  Parric.de 136 

Case  of  Mistaken  Medical  Testimony 139 

The  Evidence  of  Torture 141 

Case  of  Jonathan  Bradford 144 

Case  of  Leavitt  Alley 149 

The  Blue  Dragoon 154 

The  Miller's  Niece 1W> 

The  Boom  Case 216 

Henry  Banthorpe 221 

Case  of  Andrew  Mirelees 227 

Case  of  Taantje 237 

Case  of  a  German  Boor  254 

Case  of  a  Negro  Murderer 267 

Case  of  Erroneous  Fxecution  for  Murder 270 

Case  of  Youth  Betrayed 272 

Murder  of  a  Father 275 

Case  of  Martin  Guerre 279 

Case  of  an  Apprentice , 295 

Case  of  a  Jeweller 301 

Case  of  a  Farmer 305 

Case  of  an  Inkeeper   , 308 

Case  of  a  German  Violin  Maker 310 

Case  of  the  Armstrongs 312 

Case  of  George  Manners 331 

Case  of  Arthur  Mellon 336 

Case  of  Boynton 341 

Case  of  a  Bookbinder 343 

Case  of  Jessie  M'Lachlan 352 

Case  of  a  Girl  at  Liege 372 

Case  in  the  Reign  of  Queen  Elizabeth 374 

An  Innocent  Sufferer 386 

Case  of  Blake 388 


Case  XXI. 

XXiL 

XXIU 

XXIV. 

XXV. 

XXVI 

XXVII. 

XXVIII. 

XXIX. 

XXX. 

XXXI. 

XXXII. 

XXXIII, 

XI XIV. 

XXXV. 

XXXVI. 

XXXVII. 

v  XXVIII. 

XL. 

XL2 

XLII. 

XLIII. 

XLIV. 

XLV. 

XL  VI. 

XL  VII. 

XL  VIII. 

XLIX. 

L. 

LI. 

LII. 

LIII. 

LIV. 


CONTENTS. 


PAGE 

|LV.     Case  in  Warwick 396 

LVI.     Case  of  a  Farmer  and  his  Son 398 

LVII.     Case  of  a  Youth 401 

LVIII.     Case  of  Abraham  Thornton 403 

LIX.     Case  of  John  Stringer 410 

LX.     Case  in  Maine 412 

LXI.     Case  of  Henry  Upton  and  Joseph  Swift 417 

LXII.     Case  in  Ohio 421 

LXIII.     Case  of  Williams 423 

LXIV.     Case  of  Morris 425 

LXV.     Case  of  Weatherwax 431 

LXVI.     Case  of  Gould 434 

LXVII.     Case  in  England 435 

LXVIII.     Case  of  Hamilton 437 

LXIX.     Case  of  Pivardiere 442 

LXX.     Case  of  Webber 444 

LXXI.     Case  in  Lincoln 447 

APPENDIX. 

Who  is  the  Murderer?     A  Problem  in  the  Law  of 

Circumstantial  Evidence,  by  Samuel  Warren 450 


THE    THEORY 


PRESUMPTIVE    PROOF. 


There  is  no  branch  of  legal  knowledge  which  is  of  more 
general  utility,  than  that  which  regards  the  rules  of  evidence. 
The  first  point  in  every  trial,  is  to  establish  the  facts  of  the 
case ;  for  he  who  fails  in  his  proof,  fails  in  every  thing. 
Although  the  jurists  hold  the  law  to  be  always  fixed  and 
certain,  yet  the  discovery  of  the  fact,  they  say,  may  deceive 
the  most  skillful.  No  work  has  as  yet  appeared  in  the  English 
language  on  the  theory  of  evidence ;  and  the  nature  of  circum- 
stantial evidence  has  been  still  less  inquired  into.  The  object 
of  the  present  Essay  is  to  inquire  into  some  of  the  more 
general  principles  of  legal  proof,  and  particularly  into  that 
species  of  proof  which  is  founded  on  presumptions,  and  is 
known  to  the  English  lawyer  by  the  name  of  circumstantial 
evidence. 

Evidence  and  proof  are  often  confounded,  as  implying  the 
same  idea ;  but  they  differ,  as  cause  and  effect.  Proof  is  the 
legal  credence  which  the  law  gives  to  any  statement,  by 
witnesses  or  writings;  evidence  is  the  legal  process  by  which 
that  proof  is  made.  Hence,  we  say,  that  the  law  admits  oi  no 
proof  but  such  as  is  made  agreeably  to  its  own  principles. 

The  principles  of  evidence  are  founded  on  our  observations 
on  human  conduct,  on  common  life,  and  living  manners :  they 
are  not  just  because  they  are  rules  of  law;  but  they  are  rules 
of  law  because  they  are  just  and  reasonable. 

It  has  been  found,  from  common  observation,  that  certain 
circumstances  warrant  certain   presumptions.     Thus,  that  a 


viii  INTROD  UCTION. 


mother  shall  feel  an  affection  for  her  child, — that  a  man  shah 
be  influenced  by  his  interest, — that  youth  shall  be  susceptibb 
of  the  passion  of  love, — are  laws  of  our  general  nature,  and 
grounds  of  evidence  in  every  country.  Of  the  two  women 
who  contended  for  their  right  to  the  child,  she  was  declared 
to  be  the  mother  who  would  not  consent  to  its  being  divided 
betwixt  them.  When  Lothario  tells  us  that  he  stole  alcne,  at 
night,  into  the  chamber  of  his  mistress,  "  hot  with  the  Tuscan 
grape,  and  high  in  blooa  \"     Ccetera  quis  nescit? 

As  the  principles  of  evidence  are  founded  on  the  observa 
tions  of  what  we  have  seen,  or  believed  to  have  been  passing  in 
real  life,  they  will  accordingly  be  suited  to  the  state  of  the  society 
in  which  we  live,  or  to  the  manners  and  habits  of  the  times. 
The  following  passage,  in  the  excellent  memoirs  of  Philip  de 
Comines,  I  believe  to  be  perfectly  true,  because  it  is  confirmed 
by  other  accounts  of  the  general  state  of  manners  at  the 
period  when  he  wro^e. 

Louis  XL  distributed,  he  asserts,  for  corrupt  purposes, 
sixteen  thousand  crowns  among  the  King  of  England's 
officers  that  were  about  his  person,  particularly  to  the 
chancellor,  the  master  of  the  rolls,  the  lord  chancellor,  &c* 

The  truth  of  this  narrative  has  never  been  called  it, 
question,  because  it  is  given  by  an  historian  of  great  gravitj 
and  character,  and  is  illustrated  by  the  manners  of  the  age ; 
yet  although  the  author  says  that  his  design  in  writing  of 
these  transactions,  is  to  show  the  method  and  conduct  of  all 
human  affairs,  by  the  reading  of  which  such  persons  as  are 
employed  in  the  negotiation  of  great  matters,  may  be  in- 
structed how  to  manage  their  administrations,  we  should  find 
it  difficult  to  give  credence  to  such  facts,  if  related  of  any 
modern  lord  high  chancellor  or  officer  of  state  of  the  court  o 
England.  Thus,  the  same  presumptive  evidence  that  is  good 
as  to  the  court  of  Edward  IV.  and  the  era  of  1477,  ir 
altogether  extravagant  if  applied  to  the  court  of  George  III. 
and  the  beginning  of  the  19th  century. 

*  v.2.  p.  7. 


IN  TROD  UCTION.  is 


The  oration  of  Cicero  for  Cluentius,  exhibits  evidence  of 
judicial  corruption  which  can  only  be  credited  from  our 
general  knowledge  of  Soman  manners  at  the  era  of  the  facts 
which  he  describes. 

The  King  of  Siam  gave  credence  to  everything  which  a 
European  ambassador  told  him,  as  to  the  circumstances  and 
condition  of  Europe,  until  he  came  to  acquaint  him,  that  the 
rivers  and  sea  were  occasionally  made  so  hard,  by  the  cold, 
that  people  could  walk  on  them ;  but  this  story  he  totally 
disbelieved  and  rejected,  as  entirely  repugnant  to  every  thing 
which  he  had  either  seen  or  heard;  and  the  ground  of  his 
disbelief  was  perfectly  rational. 

A  similar  principle  sways  our  belief  in  respect  to  the  acts 
of  individuals,  as  arising  in  the  society  and  period  in  which 
we  live.  We  always  refer  the  credibility  of  the  case  to  what 
has  fallen  within  our  own  observation  and  experience  of  men 
and  things.  We  readily  give  credence  to  acts  of  common 
occurrence,  and  are  slow  in  yielding  our  assent  to  the 
existence  of  new  and  unlooked  for  events.  When  a  wretch, 
at  no  distant  period,  in  affluent  circumstances,  'was  accused  of 
having  stolen  some  sheets  of  paper  in  a  shop,  the  judges 
admitted  him  to  bail  against  evidence,  because  the  charge  was 
altogether  unlikely  in  one  of  his  condition  in  life.  From 
these  instances,  we  may  safely  infer  that  the  principles  for  our 
believing  or  disbelieving  any  fact,  are  rather  governed  by  the 
manners  and  habits  of  society,  than  by  any  positive  rule. 
The  writers  on  the  general  law  of  evidence,  such  as  Mascardus 
and  Menochius,  have  accordingly  declared  that  all  proof  is 
arbitrary,  and  depends  on  the  feelings  of  the  judges. 

There  are  two  species  of  presumptive  proof:  the  first  is  the 
presumption  of  the  law,  and  the  second  the  presumption  ol 
the  judge,  juryman,  or  trier. 

The  presumption  nf  the  law  is  that  conclusion  which  the 
law  attaches  to  a  certain  species  of  guilt.  Thus,  that  he  whc 
has  deliberately  and  willfully  killed  another,  has  done  so  from 
malice,  is  a  presumption  of  the  law.    But  how  fai  he  who  has 


TNTROD  UCTION. 


been  found  with  the  sword  in  his  hand  by  the  body  of  the  man 
just  killed,  did  or  did  not  give  the  mortal  stroke,  is  a  pre- 
sumption to  be  made  by  the  jury,  and  is  not  determinable  by 
any  positive  rule  of  law. 

The  presumption  of  the  law,  Montesquieu  observes,  is 
preferable  to  that  of  man.  The  French  law  considers  every 
act  of  a  merchant,  during  the  ten  days  preceding  his  bank- 
ruptcy, as  fraudulent;  this  is  the  presumption  of  the  law. 

The  modern  French  code  has  wisely  decreed,  that  when 
the  law,  on  account  of  circumstances,  shall  have  deemed 
certain  acts  fraudulent,  proof  shall  not  be  admitted  that  they 
were  done  without  fraud.  And  in  our  own,  as  in  every  other 
system  of  legislation,  a  variety  of  qualities  are  presumed  as  to 
different  persons  and  things,  against  which  no  proof  shall  be 
allowed.  Certainty  is  the  great  object  of  legislation,  and 
nothing  could  be  established  but  by  the  determination  of 
some  thing  as  already  fixed. 

All  proof  is  in  reference  to  some  fact  already  known  and 
admitted, — what  is  doubtful  must  be  proved  in  reference  to 
what  is  true. 

The  following  rules,  by  Quintilian,  proceed  upon  this 
principle,  but  they  are,  perhaps,  rather  curious  than  useful : — 
One  tiling  is,  because  another  is  not :  it  is  day,  therefore  it  is 
not  night.  One  thing  is,  therefore  another  is:  the  sun  is 
risen,  therefore  it  is  day.  One  thing  is  not,  therefore  another 
is  :  it  is  not  night,  therefore  it  is  day.  One  thing  is  not, 
therefore  another  is  not :  he  is  not  rational,  therefore  not  i 
man. 

Evidence  is  divided  into  positive  and  presumptive.  Positive 
evidence  is  where  the  witness  swears  distinctly  to  the  com- 
mission of  the  act  or  crime  which  forms  the  subject  of  the 
trial.  Presumptive  evidence  is  that  conclusion  which  the  jury 
draw  for  themselves,  from  circumstances  or  minor  facts,  a8 
sworn  to  by  the  witnesses. 

Presumptions  are  consequences  drawn  from  a  fact  that  is 
known  to  serve  for  the  discovery  of  the  truth  of  a  fact  that  ia 


IN  TROD  UCTION.  xi 


trncertain,  and  which  one  seeks  to  prove.  But  no  presump- 
tion can  be  made  but  on  a  fact  already  known  and  ascertained. 
Thus,  if  the  stains  of  blood  on  the  coat  of  one  tried  for 
minder,  are  to  be  presumed  as  evidence  of  his  guilt,  the  fact 
of  the  stains  being  occasioned  b)T  blood  must  be  first  distinctly 
ascertained;  the  one  presumption  cannot  be  made  to  aid  the 
other. 

The  stains  are  not  to  be  presumed  from  blood  because  he 
is  presumed  to  have  been  the  murderer ;  nor,  on  the  other 
hand,  is  he  to  be  believed  the  murderer,  because  the  stains  are 
believed  to  be  from  blood;  for  this  is  reasoning  in  a  circle,  and 
returning  back  to  the  point  whence  the  argument  commenced. 
In  laws,  the  arguments  should  be  drawn  from  one  reality  to 
another,  and  not  from  reality  to  figure,  or  from  figure  to 
reality. 

Whilst  dwelling  on  the  general  head  of  proof,  it  may  be 
proper  to  inquire  in  what  does  proof  naturally  consist.  Is 
one  witness,  according  to  the  principles  of  natural  reason, 
sufficient  to  give  legal  credence,  or  are  two  witnesses  neces- 
sary ? 

The  Roman  or  civil  law  has  required  two  witnesses  to  each 
separate  fact. 

But  this  principle  did  not,  perhaps,  arise  from  the  dictates 
of  legal  prudence,  but  was  borrowed  from  a  text  of  Scripture : 
"  In  the  mouth  of  two  or  three  shall  the  truth  be  established." 
The  text  was  meant  merely  to  carry  reference  to  certain 
circumstances  incident  to  the  Christian  religion.  But  the 
principles  of  religion  are  happily  founded  on  higher  evidence 
than  is  necessary  to  guide  men  in  the  business  of  common 
life. 

The  incidents  of  commerce,  and  the  daily  intercourse  of 
mankind  require  not  only  that  moral  certainty  which  we  are 
warranted,  from  general  observations,  to  con6dein.  It  were 
superfluous  to  show  how  difficult  it  must  be,  nay,  how  impos- 
sible, often,  to  prove  a  crime  by  two  witnesses.  The  absurdity 
and  inconveniency  of  the  rule  has  been  attended  with  that 


IN  '1 ROD  UCTION. 


effect  which  will  always  attend  an  inconvenient  law  :  a  variety 
of  shifts  have  been  invented  to  evade  it.  One  witness  is  held 
sufficient  to  a  fact  of  a  general  nature,  and  half  proofs  have 
been  established. 

If  the  rules  of  evidence  are  founded  on  the  principles  of 
human  nature ;  if,  like  other  rules,  their  fitness  is  to  be 
judged  of  by  their  practical  utility,  it  must  be  admitted  that 
a  proof  by  one  witness,  or  by  circumstances,  in  certain  cases, 
is  good  and  reasonable. 

It  is  true,  that  by  the  English  law  of  high  treason,  that  is, 
by  the  25th  of  Edward  the  Third,  two  witnesses  are  required 
to  convict  a  prisoner  of  the  charge:  that  is  to  say,  one 
witness  to  one  fact,  and  another  to  a  different  faet,  of  the 
same  species  of  treason,  shall  be  held  to  be  two  witnesses 
within  the  meaning  of  the  statute.  But  this  law  was  passed 
for  the  security  of  the  subject,  and  to  guard  against  the  over- 
bearing influence  of  the  crown  in  state  prosecutions ;  and  it 
is  no  doubt  in  reference  to  crimes  against  the  state,  that 
Montesquieu  has  made  the  following  observation  : — "  Those 
laws  which  condemn  a  man  to  death,  on  the  deposition  of  a 
single  witness,  are  fatal  to  liberty.  In  right  reason  there 
should  be  two;  because  a  witness  who  affirms,  and  the 
accused  who  denies,  make  an  equal  balance,  and  a  third  must 
incline  the  scale."* — Besides,  the  observation  is  made  by  a 
writer  spesking  in  reference  no  doubt  to  the  civil  law,  where 
there  is  no  jury  to  estimate  the  weight  due  to  the  evidence. 
In  the  present  Essay,  it  is  not  meant  to  inquire,  what  crimes 
should  be  liable  to  the  punishment  of  death,  and  what  not  ; 
it  is  only  proposed  to  inquire,  what  degree  of  proof  is  sufficient 
to  satisfy  the  mind  of  the  commission  of  the  act.  The  prin- 
ciple in  law  is  clear,  that  the  guilt  is  neither  increased  nor 
diminished  by  the  fullness  or  defect  of  the  proof. 

"When,  it  will  be  asked,  shall  a  proof  be  said  to  complete  ? 
The  answer  must  be, — when  the  judges  are  satisfied ;  if  the 


*  Spirit  of  Laws,  b.  12,  c.  3. 


IN  TROD  UCTION.  xiii 


process  be  regular.  For  what  is  implied  by  the  term  to 
prove  ? 

The  jurists  acquaint  us,  that  to  prove  is  to  convince  the 
judge. 

Probare  est  fidem  facer e  judici.  And  this  is  the  meaning 
assigned  to  the  term  by  the  English  language.  The  common 
saying,  as  used  in  argument,  where  a  fact  is  disputed, — /  will 
prove  this  to  you, — I  will  convince  you  of  this, — I  will  satisfy 
you  on  this  head, — sufficiently  show,  that  to  prove,  only 
implies,  to  convince  another  of  the  truth  of  our  assertions. 

The  proof  must  be  held  to  be  complete,  on  the  part  of  the 
prosecutor,  when  he  produces  the  best  evidence  which  the 
case  will  afford,  and  such  as  shall  induce  the  judges  to  believe 
the  commission  of  the  fact,  until  it  is  refuted  by  opposite 
evidence  on  the  part  of  the  defendant  :*  one  story  is  good, 
until  another  is  told.  Where  the  evidence  is  believed,  and  is 
sufficient  to  account  for  the  fact,  no  other  proof  is  necessary. 

Hypothetical  reasonings  are  susceptible  of  the  highest 
degree  of  evidence,  when  the  hypothesis  explains  many  pheno- 
mena, and  contradicts  none  ;  and,  when  every  other  hypothesis 
is  inconsistent  with  some  of  the  phenomena.  And  this  is  the 
principle  on  which  the  philosophy  of  Sir  Isaac  Newton,  as  to 
the  motion  of  the  heaveuly  bodies,  is  founded. 

Where  there  is  no  reason,  not  to  believe ;  that,  alone,  is  a 
reason  for  believing  the  evidence  of  our  senses. 

The  senses  are  ever  true,  but  the  understanding  often 
reasons  ill.  It  is  not  proper  to  reject  a  probable  opinion, 
without  establishing  a  better  in  the  room  of  it. 

But  these  remarks  are,  after  all,  but  barren  generalities  ; 
and  the  observation  of  the  great  writers  on  this  subject,  will 
too  often  be  found  to  be  just, — that  all  proof  is  arbitrary,  and 
cannot  be  reduced  to  positive  rules.     It  happens,  sometimes, 

*  Indeed,  tlie  proof  is  complete,  on  the  part  of  the  prosecution,  when 
the  best  evidence  has  been  produced.  That  is  to  say,  the  proof  should 
be  made  to  rest  th^rc,  whatever  the  probable  effect  of  the  evidence  or 
the  court  may  or  may  not  be. 


IN  TROD  UCTION. 


that  the  most  probable  things  are  false;  for,  if  they  were 
always  separated  from  falsehood,  they  would  be  certain,  and 
not  probable.     Or,  as  rendered  by  some  other  translators, — 

The  most  probable  things,  sometimes  prove  false;  because, 
if  they  were  exempt  from  falsity,  they  would  not  be  probable, 
but  certain.* 

It  is  likely  several  things  may  happen,  which  are  not 
likely. 

The  ancient  Eomans  were  so  sensible  of  the  uncertainty  of 
evidence,  and  the  difficulty  of  always  ascertaining  the  guilt  of 
the  prisoner,  that  their  form  of  judgment  (or  verdict  of  the 
jury  as  we  should  style  it),  merely  expressed,  that  he  appeared 
to  have  done  \t,fecisse  videtur. 

It  is  not  the  fact,  always,  that  constitutes  the  guilt,  but 
the  opinion  of  the  judge.  "  "What  have  the  laws  ordered  in 
such  a  case  ?  "  was  asked  of  an  advocate  of  Byzantium :  "What 
1  please,"  was  the  answer.f 

The  end  of  a  proof,  is  to  establish  the  matter  in  debate* 
In  every  case,  whether  by  direct  proof,  or  by  that  of  circum- 
stantial evidence,  the  jury  ought  always  to  be  fully  satisfied  of 
the  guilt  of  the  prisoner,  before  they  return  such  a  verdict- 
It  is  immaterial  what  the  proof  is,  if  it  is  not  believed,  and 
brings  conviction  to  the  mind  of  the  jury. 

It  has  been,  of  late  years,  a  favorite  theme,  to  descant  upon 
the  certainty  of  circumstantial  evidence.  The  practice  of  the 
law,  like  other  things,  has  its  prejudices;  and  the  name  of  an 
eminent  man,  tbe  success  of  a  particular  trial,  will  sometimes 
give  sanction  to  a  false  theory. 

Circumstances,  it  is  said,  cannot  lie.     This  is  very  true 
but  witnesses  can.     And  from  whom  do  you  obtain  circum- 
stances, but  from  witnesses  ?     Thus,  you  are  liable  to  two 
deceptions  :  first,  in  the  tale  told  by  the  witness ;  and,  secondly,, 
in  your  own  application  of  those  circumstances.   "Where  a  fact 
is  positively  sworn  to,  as  seen  by  the  witness,  the  conclusion 


*  Aristotle,  Vide  Bayle  Diet.  Agatkon. 
f  Travels  of  Anacharsis,  v.  4.  p.  400. 


or  inference  to  be  drawn  from  it,  is  generally  obvious.  But, 
where  the  inference  is  to  be  drawn  from  a  long  train  of  cir- 
cumstances, it  is  a  matter  of  judgment ;  it  is  an  exercise  of  the 
understanding  ;  and,  as  all  men  do  not  understand  alike,  very 
opposite  conclusions  are  sometimes  drawn  from  the  same 
shades  of  probability. 

When  the  ancient  prudence  of  the  law  denied  to  a  prisoner 
the  benefit  of  counsel,  on  a  capital  charge,  to  plead  for  him, 
it  was  understood  that  the  proof  should  be  so  clear,  as  to  be 
self-evident  to  the  jury.  It  was  understood  that  the  judge 
should  be  counsel  for  the  prisoner ;  that  is  to  say,  that  he 
should  see  that  the  process  was  fair  and  regular,  and  that  no 
andue  advantages  were  taken ;  but  that  process  is  vitiated  in 
its  vital  part,  when  a  false  principle  is  introduced. 

"  A  presumption,  which  necessarily  arises  from  circum- 
stances, is  very  often  more  convincing,  and  more  satisfactory, 
than  any  other  kind  of  evidence  ;  it  is  not  within  the  reach 
and  compass  of  human  abilities  to  invent  a  train  of  circum- 
stances, which  shall  be  so  connected  together  as  to  amount  co 
a  proof  of  guilt,  without  affording  opportunities  of  contra- 
dicting a  great  part,  if  not  ail,  of  these  circumstances." 
(Charge  of  Mr.  Justice  Bullen,  on  the  trial  of  Captain 
Donnellau.) 

I  deny  the  position.  I  maintain,  thattiie  theory  is  repug- 
nant to  the  received  principles  of  jurisprudence;  as  known  to 
the  best  foreign  writers  on  the  law  of  evidence.  I  maintain 
that  it  is  not  warranted  by  experience, — the  greatest  proof  of 
every  rule,  the  proof  of  proofs.  And  I  may  further  assert,  that 
it  is  new  to  the  practice  of  the  English  law. 

First,  I  shall  show,  that  the  theory  is  repugnant  to  the 
received  principles  of  jurisprudence,  as  known  to  the  best 
foreign  writers,  on  the  law  of  evidence. 

The  first  to  whom  I  shall  refer  is  Mascardus,  a  writer  of 
great  eminence  on  the  general  theory  of  proof;  regarding 
which,  he  has  published  four  volumes. 

"  Proof  by  evidence  of  the  thing,  is  superior  to  every  other ; 


xvi  IN  TROD  UCTION. 


and  of  all  different  kinds,  none  is  so  great  as  that  which  is 
made  by  witnesses  deposing  to  what  they  have  seen."* 

"  Proof  by  presumption  and  conjectures,"  he  observes  in 
another  place,  "cannot  be  called  a  true  and  proper  proof." \ 

The  work  of  Menochius  is  entirely  dedicated  to  the  doctrine 
of  presumptions  or  circumstantial  evidence;  and  although  he 
displays  the  partiality  for  this  species  of  proof,  which  is  natural 
to  one  who  has  dedicated  his  attention  to  a  particular  subject? 
yet,  in  the  very  first  chapter  of  his  work,  he  observes,  that 
"  the  proof  or  credence  which  arises  from  the  testimony  of 
witnesses,  is  superior  to  any  other." \ 

I  shall  not  think  it  necessary  to  load  this  Essay  with  quota- 
tions from  other  writers  on  the  civil  law ;  the  above  two 
possess  the  most  eminent  authority  of  any  on  the  subject  of 
evidence.  But  the  same  opinion  is  expressed  by  every  other 
author,  whom  I  have  had  occusion  to  consult:  no  one  has 
maintained  the  absurd  position,  that  circumstances  cannot 
lie ;  or,  that  conjectural  proof  is  superior  to  that  of  ocular 
demonstration. 

Secondly.  I  maintain,  that  it  is  not  warranted  by  expe- 
rience,— the  great  test  of  every  rule. 

It  might  appear  invidious,  to  carry  reference  to  cases  of 
modern  occurrence,  where  fatal  mistakes  have  been  discovered 
of  persons  too  hastily  convicted  on  mere  circumstantial 
evidence ;  the  history  of  the  judicial  proceedings  in  this  and 
every  other  country  will  afford  too  many  illustrations. 

Some  cases  of  this  kind  will  be  found  well  illustrated  in 
Lord  Chief  Justice  Hale's  Pleas  of  the  Crown,  vol.  2,  p.  289. 

Various  instances  occur,  of  the  fatal  error  being  too  late 

*  Probatio  per  evidentiarn  rei  omnibus  est  potentior,  et  inter  onines 
sjus  generis  major  est  ilia,  quae  fit  per  testes  de  visu.  (Macardus  da 
Probationibus,  v.  1,  q.  3,  n.  8. 

f  Probatio  per  presumtiones  et  conjectures  dici  non  potest  vera  er 
propria  probatio. 

%  Probatio  seu  fides  qua?  testibus  fit,  cceteris  excellet.  (Menochiua 
lie  Pnesumptionibus,  1.  1,  q.  1.) 


IN  TROD  UCTION.  xvil 


discovered;  but  who  can  say,  how  many  instances  have 
occurred,  where  the  mistake  has  never  been  discovered  ? 

It  has  often  happened,  that  the  real  murderer  has  confessed 
the  fact  for  which  the  innocent  man  has  suffered;  but,  as  real 
murderers  do  not  always  confess  when  innocent  men  suffer, 
it  is  impossible  to  say  to  what  length  this  dangerous  doctrine 
may  have  been  carried. 

Thirdly.  I  have  further  to  observe,  that  this  principle  is 
new  to  the  practice  of  the  English  law. 

That  great  collection  of  criminal  cases,  which  bears  the 
name  of  the  State  Trials,  contains  a  great  fund  of  criminal 
knowledge. 

The  opinions  of  the  judges,  however,  as  expressed  in  state 
prosecutions,  are  not  always  to  be  regarded  as  law,  until  we 
reach  the  period  of  the  revolution. 

New  enactments  of  the  legislature  have  changed  some  part 
of  the  law,  and  the  improving  experience  of  time  has  altered 
others.  The  first  notice  to  be  found  of  this  principle,  in  sound 
and  wholesome  times,  is  on  the  trial  of  Miss  Blandy,  for 
poisoning  her  father, — before  Mr.  Baron  Legge,  in  1752. 

The  judge,  in  summing  up  the  evidence  to  the  jury, 
declares  that  circumstances  are  more  convincing  and  satisfac- 
tory than  any  other  kind  of  evidence ;  because  "facts,"  he 
says,  "  cannot  lie."* 

That  facts  cannot  lie,  is  sound  logic,  no  doubt.  Men  only 
lie.  But  as  we  only  know  facts  through  the  medium  of 
witnesses,  the  truth  of  the  fact  depends  always  upon  the  truth 
of  the  witness;  so  that,  although  he  furnishes  us  with  a 
thousand  facts,  it  is  of  no  consequence,  if  he  himself  is  un- 
sound. 

The  next  occasion  on  which  this  doctrine  appears,  is  on 
the  celebrated  trial  of  Captain  Donnellan,  in  1781,  before  Mr. 
Justice  Buller,  in  the  passage  already  quoted.  But  he  has 
altered  the  position  a  little,  by  shifting  the  criterion  from  facts 

*  State  Trials,  v.  10,  p.  32. 


xviii  INTRODUCTION. 


to  circumstai  ces.  Facts,  before,  were  the  standard  of  truth ; 
circumstances  are  now  made  to  be  so.  For  circumstances 
cannot  lie.  But  what  else  are  circumstances  but  facts,  or 
minor  facts ;  and  I  must  take  the  liberty  to  say,  that  circum- 
stances are  still  more  liable  to  deceive,  or  to  lead  to  deception, 
than  even  facts.  A  fact  being  more  an  object  of  sight,  is 
easier  apprehended  by  the  senses  than  a  circumstance  ;  which, 
from  its  triviality,  often  escapes  the  attention  altogether,  is 
misapprehended,  or  assigued  to  a  wrong  cause. 

The  trial  in  question,  will  afford  a  most  unparalleled 
illustration  of  the  truth  of  this  observation ;  it  will  show  the 
fallibility  of  circumstances,  and  the  very  opposite  conclusions 
which  different  men  will  draw  from  the  same  appearances. 

I  shall  here  give  the  general  shape  of  the  case — 

If  shape  it  might  be  called,  which  shape  had  none, 
Or  substance  might  be  called,  which  shadow  seemed. 

Sir  Theodosius  Boughton,  a  young  man  of  a  delicate  con- 
stitution, had  sent  to  a  country  apothecary's  shop  for  a 
draught  of  medicine.  Different  vials  appear  to  have  been  in 
his  chamber,  at  the  time  he  took  the  draught ;  which  was 
intended  to  be  a  composition  of  rhubarb,  jalap,  and  lavender 
water. 

He  was  suddenly  seized  with  convulsions  in  his  stomach, 
and  foaming  at  the  mouth  ;  and  expired  before  he  could  give 
any  explanation.  On  rinsing  one  of  the  vials,  the  sediment 
gave  the  effluvia  of  laurel  water,  which  is  known  to  be  a  strong 
poison.  Convulsions,  foaming  at  the  mouth,  and  sudden 
death,  are  the  natural  effects  of  that- liquid. 

But  every  man  who  dies  in  that  way,  is  not,  therefore, 
poisoned.  The  apoplexy  will  produce  the  same  effects  and 
appearances :  of  which  disease,  the  father  of  the  young  man 
was  known  to  have  died.  No  evidence  whatever  was  produced 
as  to  the  exisience  of  the  laurel  water. 

Captain  Donnellan,  the  brother-in-law  of  Sir  Theodosius. 


IN  TROD  UCTION.  xix 


was  living  in  his  house  at  the  time  of  the  accident.  He  was 
the  next  heir  to  the  estate,  and,  accordingly,  the  person  who 
had  the  most  immediate  interest  in  his  death.  He  certainly 
betrayed  some  uneasiness  on  the  event,  and  appearances  indi- 
cated that  he  was  afraid  of  being  suspected  as  the  author  of 
the  mischief.  But,  if  it  was  natural  that  he  should  be 
suspected,  if  the  cut  bono  points  out  the  actor  of  a  nefarious 
deed,  it  was  not  unnatural  that  he  should  find  himself  placed 
in  circumstances  of  peculiar  delicacy,  and  manifest  embarrass- 
ment and  confusion  in  his  conduct. 

Captain  Donnellan  was  brought  to  trial,  on  a  charge  of 
poisoning  Sir  Theodosius  Boughton. 

The  leading  point  in  every  case  of  this  sort,  is — did  the 
deceased  die  of  poison  ?  For,  if  he  did  not,  there  is  an  end  of 
the  whole.   Where  there  was  no  poison,  there  was  no  poisoner. 

But  this  was  altogether  a  question  to  be  decided  by  the 
opinion  of  medical  men.  From  what  then  did  they  form  their 
opinion  ?  From  any  of  those  broad  marks,  respecting  which 
all  men  judge  alike.  No  ;  there  was  nothing  of  the  kind  to 
guide  their  judgment.  The  whole  cause  turned  on  circum- 
stances, J'rom  first  to  last.  Presumptions  were  formed  on  con- 
jectures; and  conjectures  supposed  from  circumstances  never 
proved.  Four  physicians  inspected  thevbody,  on  dissection, 
the  eleventh  day  after  the  death.  They  gave  their  opinion  to 
the  jury,  and  described  the  circumstances  on  which  that 
opinion  was  founded;  those  four  said,  they  believed  him  to 
have  died  of  poison. 

The  circumstances  on  which  they  had  given  their  opinion, 
were  stated,  at  the  trial,  to  Doctor  John  Hunter,  the  most 
eminent  physician  of  the  age.  He  declared  he  could  not  dis- 
cover, in  any  of  those  circumstances,  nor  in  all  of  them  united, 
any  sign  of  the  deceased  having  died  from  poison,  nor  anv 
symptoms  beyond  those  incident  to  a  man  dying  suddenly. 

Q.  from  the  court  to  Mr.  Hunter.  Then,  in  your  judg- 
ment, upon  the  appearance  the  gentlemen  have  described,  no 
inference   can   be  drawn   from  thence   that  Sir  Theodosius 


xx  IN  TROD  UCTION. 


Bough  ton  died  of  poison  ? — A.  Certainly  not :  it  does  not  give 
the  least  suspicion. 

In  questions  of  science,  and  above  all,  in  those  of  medical 
science,  the  faith  to  be  reposed  in  any  opinion,  will  be  regula- 
ted by  the  professional  eminence  of  the  person  giving  it.  One. 
man's  sight  being  generally  as  good  as  that  of  another,  as  to  a 
mere  matter  of  fact;  as  whether  he  saw,  or  did  not  see  such  a 
thing,  the  learned  and  the  ignorant  are  upon  a  par,  and  one 
witness  to  a  fact  is  just  as  good  as  another.  But  the  case  is 
very  different  as  to  a  matter  of  science  ;  for  one  man's  judg- 
ment will  outweigh  that  of  many.  Upon  a  point  of  law  or 
equity,  we  would  not  put  the  opinion  of  a  country  attorney, 
or  of  four  country  attorneys,  against  that  of  a  chief  justice, 
Doctor  John  Hunter  stood,  at  that  time,  at  the  very  head  of 
his  profession ;  his  opinion  gave  the  law  to  that  profession, 
both  in  England  and  in  every  country  in  Europe.  Had  the 
profession  been  to  estimate  his  opinion,  and  not  the  jury,  a 
very  different  verdict  would  have  been  given.  The  case  re- 
ferred peculiarly  to  to  Doctor  Hunter's  line  of  study, — that  of 
dissection,  and  the  appearances  incident  to  a  body  on  sudden 
and  convulsive  death.  He  pronounced,  that  the  dissection 
had  been  irregularly  made,  and  in  a  way  not  to  afford  the  true 
criterion  to  judge  by.  And,  where  the  process  is  irregular, 
when  the  experiment  is  defective,  the  conclusion  must  always 
be  vague  and  doubtful. 

The  gentlemen  composing  the  jury  did  not  perhaps  know 
the  eminence  of  Mr.  Hunter's  character;  nor,  consequently, 
the  weight  due  to  his  opinion.  But  the  judge,  on  the  bench, 
no  doubt  knew  this ;  and  in  balancing  the  evidence,  and  in 
summing  up,  it  was  clearly  his  duty  to  have  stated  the  great 
weight  to  be  attached  to  Mr.  Hunter's  observations.  He 
stated  nothing  of  all  this;  but  took  them  numerically,  "four 
medical  men  to  one." 

Thus,  from  an  irregular  dissection,  a  positive  conclusion 
was  admitted. 

It  is  a  rule  of  law,  and  above  all  in  cases  of  life  and  death, 


IN  TROD  UCTION.  xxi 


that  the  want  of  any  one  circumstance  will  prevent  the  effect 
of  the  whole.  Thus,  if  the  dissection  were  irregular,  the 
opinion  formed  in  reference  to  that  dissection  was  a  mere 
nothing.  As  well  may  you  suppose  that  proposition  itself  to 
be  true,  which  you  wish  to  prove,  as  that  other,  whereby  you 
hope  to  prove  it. 

Post  hoc ,  ergo  propter  hoc— a  species  of  argument  which 
often  leads  to  fallacy. 

Because  the  fact  immediately  followed ;  therefore  it  waa 
occasioned  by  that  which  it  followed.  He  died  immediately 
after  taking  the  medicine  ;  therefore,  he  was  killed  by  the 
medicine. 

The  present  question  is,  was  the  process  on  the  trial 
according  to  law  ?  Was  the  conclusion  arrived  at  by  regular 
and  legal  forms  ?  The  grounds  on  which  the  legal  inference 
is  to  be  drawn,  must  always  of  themselves  be  clear  and  certain  ; 
there  is  no  presumption  upon  a  presumption ;  there  is  no  in- 
ference from  a  fact  not  known. 

When  the  judgment  of  the  law  is  passed  in  reference  to  a 
certain  thing,  the  existence  of  that  thing  should  be  first  clearly 
made  to  appear. 

The  fact  of  poisoning  ought  to  have  been  established 
beyond  a  shadow  of  doubt,  before  any  person  was  convicted  as 
the  poisoner. 

But  the  jury,  it  will  be  said,  were  satisfied  on  this  point 
Had  the  evidence  been  duly  summed  up  by  the  judge ;  had 
they  been  told,  as  they  ought  to  have  been,  that  in  experi- 
mental philosophy,  such  as  tracing  the  effects  of  a  particular 
poison,  in  tracing  the  causes,  so  many  and  so  complicated  that 
lead  to  death,  if  the  experiment  is  defective,  if  the  process  is 
vitiated  in  one  instance,  the  result  is  also  vitiated  and  defect- 
ive. Every  practitioner  in  philosophy  is  sensible  and  aware 
of  this  truth  ;  and  wherever  he  finds  that  he  has  erred  in  his 
experiment,  he  sets  the  case  aside,  as  affording  no  satisfactory 
result,  and  renews  his  process  in  another  subject. 

But,  unfortunately,  it  is  a  matter  of  pride,  in  some  men 


IN  TROD  UCT10N. 


to  be  always  certain  in  their  opinion,  and  to  appear  bej'ond 
the  influence  of  doubt.  Very  different  was  the  practice  of 
that  modest  and  eminent  man  who  gave  his  evidence  on  this 
trial :  he  was  accustomed  to  the  fallaciousness  of  appearances, 
— to  the  danger  of  hasty  inferences  from  imperfect  proofs,  and 
refused  to  give  his  assent  to  an  opinion,  without  facts  being 
first  produced  to  support  it,  "  If  I  knew,"  said  Mr.  Hunter, 
'•that  the  draught  was  poison,  I  should  say,  most  probably, 
that  the  symptoms  arose  from  that;  but  when  I  don't  know 
that  that  draught  was  poison,  when  I  consider  that  a  number 
of  other  things  might  occasion  his  death,  I  cannot  answer 
positively  to  it," 

During  the  whole  course  of  this  celebrated  trial,  there  was 
not  a  single  fact  established  by  evidence,  except  the  death,  and 
convulsive  appearances  at  the  moment.  These  appearances, 
Mr.  Hunter  declared,  offered  no  suspicion  whatever  of  poison, 
and  were  generally  incident  to  sudden  death,  in  what  might 
be  called  a  state  of  health  ;  not  only  there  was  no  fact  proved 
but  there  was  not  one  single  circumstance  proved.  One  cir- 
cumstance was  supposed  from  another,  equally  suppositious, 
and  from  two  fictions  united  a  third  was  produced.  The 
existence  of  the  laurel  water  was  thus  made  out :  the  sediment 
found  in  the  vial,  from  which  the  unfortunate  young  man 
had  drunk,  was  supposed  to  smell  like  bitter  almonds;  for,  as 
the  smell  of  laurel  water  was  not  then  known  to  Lady  Bough- 
ton,  she  could  not  trace  the  resemblance  further;  bittei 
almonds  were  supposed  to  smell  like  laurel  water. 

It  is  here  to  be  observed,  that  the  smell  attached  to  the 
vial  was  momentary,  for  it  was  washed  out  almost  immedi- 
ately, and  could  not  be  twice  experienced.  But  what  so  un- 
certain as  the  sense  of  smell  ?  Of  all  the  human  senses,  it  is 
the  most  uncertain,  the  most  variable,  and  fallacious.  It  ia 
often  different  to  different  men,  and  different  in  the  same 
person,  at  one  hour,  from  what  it  is  at  the  next;  a  cold,  a 
slight  indisposition,  the  state  of  the  stomach,  a  sudden  expo- 
sure to  the  air,  will  extenuate  or  destroy  this  impression. 


INTRODUCTION.  xxiii 

But  this  train  of  proof  was  altogether  at  variance  with 
principles.  In  law,  as  already  observed,  the  arguments  should 
be  drawn  from  one  reality  to  another ;  but  here,  the  argument 
turned  upon  the  breath,  the  smell  of  a  woman,  distracted  at 
the  moment,  with  the  loss  of  her  son,  and  ready  to  ascribe  that 
evil  to  the  first  thing  that  came  in  her  way. 

All  proof  must  begin  at  a  fixed  point.  The  law  never 
admits  of  an  inference  from  an  inference.  Two  imperfect 
things  cannot  make  one  perfect.  That  which  is  weak,  may  be 
made  stronger ;  but  that  which  has  no  substance,  cannot  be 
corroborated.  The  question  is  never  what  a  thing  is  like;  but 
the  witness  must  swear  to  his  belief,  as  to  what  it  is.  \.  simile 
is  no  argument.  Upoi.  die  principle,  that  comparison  of  hands 
is  no  evidence,  in  a  criminal  trial,  comparison  of  smells  must 
be  held  to  be  equally  defective.  Besides,  there  are  a  variety  of 
articles  that  resemble  bitter  almonds  in  the  smell,  and  many 
of  these  altogether  innoxious. 

In  circumstantial  evidence,  the  circumstance  and  the  pre- 
sumption are  too  often  confounded  ;  as  they  seem  to  have  been 
throughout  this  trial.  The  circumstance  is  always  a  fact; 
the  presumption  is  the  inference  drawn  from  that  fact.  It  is 
hence  called  presumptive  proof;  because  it  proceeds  merely  on 
presumption  or  opinion.  But  the  circumstance  itself  is  never 
to  be  presumed,  but  must  be  substantively  proved.  An  argu- 
ment ought  to  consist  in  something  that  is  itself  admitted; 
for  who  can  prove  one  doubtful  thing  by  another.  If  it  was 
not  laurel  water,  that  Sir  Theodosius  drank,  the  proof  fails  as 
to  the  effect ;  and,  certainly,  some  of  the  usual  proofs,  some  of 
the  common  indicia  or  marks  of  thiugs,  should  have  been 
established.  Where  did  the  prisoner  procure  it  ?  From  whom 
did  he  obtain  it  ?  Where,  and  what  time, — and  by  whom,  or 
how  did  he  administer  it  ?*    Nothing  of  this  kind  was  proved. 

The  whole  proof,  as  to  laurel  water,  rested  upon  the  corn- 

*  Venenum  arguis  :  ubi  emi  ?  a  quo  ?  quanti  ?  per  quein  dedi  ?  quo 
conacio  T    Quintilian,  1.  5,  c.  8,  s.  37 


xxiv  IN  TROD  UCTION. 

parison  of  the  smell.  Question  to  Doctor  Parsons,  "  You 
ground  your  opinion  upon  the  description  of  its  smell  by  Lady 
Boughton  ?"  Answer.  "  Yes,  we  can  ground  our  opinion  upon 
nothing  else  but  that,  and  the  subsequent  effects." 

But  the  judgment  of  the  cause  from  its  effects,  Mr.  Hunter 
has  already  shown  to  be  equally  conjectural  as  that  formed 
from  its  resemblance  in  smell. 

The  proof  proceeds.  He  was  supposed  to  be  poisoned, 
because  it  was  believed  to  be  laurel  water;  and  it  was  believed 
to  be  laurel  water,  because  he  was  supposed  to  be  poisoned. 
We  will  not  say  that  both  these  suppositions  might  not  have 
been  true;  yet  still  they  were  but  conjectures,  unsupported  by 
any  proof,  and  formed  against  all  the  rules  of  law. 

But  the  accused,  it  is  said,  furnished  the  proof  against  him- 
self, by  his  own  distrust  of  his  innocence.  He  no  doubt  be- 
trayed great  apprehensions  of  being  charged  with  the  murder; 
but  are  innocent  men  never  afraid  of  being  thought  guilty  ? 

We  readily  recognize  all  the  general  truisms,  and  common- 
place observations,  as  to  the  confidence  of  innocence,  and  the 
consciousness  of  guilt;  but,  we  find,  from  history,  that  inno- 
cence loses  its  confidence,  when  oppressed  with  prejudice;  and 
that  men  have  been  convicted  of  crimes,  which  they  never 
committed,  fiom  the  very  means  which  they  have  taken  to 
clear  themselves. 

"  An  uncle  who  had  the  bringing  up  of  his  niece,  to  whom 
he  was  heir  at  law,  correcting  her  for  some  offense,  she  was 
heard  to  say,  '  Good  uncle,  do  not  kill  me;'  after  which  time 
she  could  not  be  found ;  whereupon  the  uncle  was  committed 
upon  suspicion  of  murder,  and  admonished,  by  the  justices  of 
the  assize,  to  find  out  the  child  by  the  next  assizes ;  against 
which  time  he  could  not  find  her,  but  brought  another  child, 
as  like  her  in  years  and  person  as  he  could  find,  and  appa- 
relled her  like  the  true  child ;  but  on  examination  she  was 
found  not  to  be  the  true  child.  Upon  these  presumptions 
(which  were  considered  to  be  as  strong  as  facts  that  appear  in 
the  broad  face  of  day),  he  was  found  guilty  and  executed; 


INTRODUCTION.  xxv 


hut  the  truth  was,  the  child,  being  beaten,  ran  away,  and  was 
received  by  a  stranger;  and  afterwards,  when  she  came  of 
age  to  have  her  land,  came  and  demanded  it,  and  was  directly 
proved  to  be  the  true  child.* 

The  above  case  was  referred  to  by  Lord  Mansfield,  in  his 
speech  in  the  Douglass  cause,  as  an  illustration  that  forgery, 
and  falsehood  itself,  has  been  sometimes  used  to  defend  even 
an  innocent  cause.  "It  was  no  uncommon  thing,"  he 
observed,  "  for  a  man  to  defend  a  good  cause  by  foul  means, 
or  false  pretenses." 

Captain  Donnellan  was  liable  to  suspicion,  and  to  great 
suspicion,  on  the  general  relations  of  the  subject,  independent 
of  particular  circumstances,  and  would  have  been  suspected 
by  all  the  world,  had  he  been  never  so  innocent. 

In  the  first  place,  it  was  a  well-known  fact,  that  he  had 
been  obliged  either  to  quit  the  army  (to  which  he  origin- 
ally belonged),  or  had  been  cashiered  by  the  sentence  of  a 
court-martial. 

Secondly,  he  was  of  all  other  men  the  person  who  was  to 
have  gained  by  the  death  of  Sir  Theodosius  Boughton ;  to 
whose  estate  and  property  he  succeeded  as  his  brother-in-law. 
No  other  human  being  had  an  interest  in  the  case.  Such  is 
the  disposition  in  human  nature  (founded  perhaps  on  a  too 
just  knowledge  of  our  feelings  and  principles  of  action),  that 
first  suspicion  always  points  to  the  person  who  is  to  gam  by 
it,  as  the  author  of  any  mischief  of  which  the  real  perpetra- 
tor is  not  known.  The  cut  bono  was  not  invented  by  Cassius 
Severus,  to  whom  it  is  ascribed, — but  every  man  is  alike  the 
rock  of  the  accused,  in  this  respect. 

If,  therefore,  it  was  natural,  on  general  grounds,  that  Mr. 
Donnellan  should  be  so  suspected,  it  was  also  natural  for  him 
to  be  sensible  that  he  would  be  so,  and  consequently,  to  be 
alarmed,  distracted,  and  uneasy. 

But  it  will  be  said,  that,  granting  all  this,  he  displayed 

*  Hale's  Pleas  of  the  Crown,  v.  2,  p.  290. 


xxvi  IN  TROD  UCTION. 

more  uneasiness  than  was  even  natural  to  one  in  his  situa- 
tion. It  is  a  delicate  thing  to  answer  this  question, — it  is  a 
nice  thing  to  fix  the  standard  of  human  feelings, — and  to 
say  what  degree  of  perturbation  a  man,  already  branded 
with  guilt  and  conviction,  shall  feel  when  placed  under  cir- 
cumstances which  make  him  to  be  suspected  of  a  capital 
crime. 

Lawyers,  and  those  accustomed  to  see  and  advise  with  per- 
sons in  that  unfortunate  predicament,  only  can  tell  the  ter- 
rible apprehensions  that  every  man  feels  at  the  idea  of  being 
a  second  time  brought  to  a  public  trial;  it  is  altogether  a  new 
view  of  human  nature,  and  we  seldom  estimate,  rightly,  feel 
iugs  which  we  have  never  experienced,  nor  expect  to  ex 
perience  in  our  own  persons,  nor  have  witnessed  in  that  of 
other  persons ; — 

"  To  thee  no  reason, — 

"  Who  good  has  only  known,  and  evil  has  not  proved." 

They  who  have  been  accustomed  to  carry  on  criminal 
prosecutions,  must  be  fully  aware  of  the  influence  which  a 
former  trial  and  conviction  is  calculated  to  have  on  almost 
any  accusation ;  but  in  no  case  can  that  influence  be  greater 
than  where  the  trial  turns  on  presumptive  proof.  For  here 
it  is  often  the  feelings,  the  prejudices,  and  opinion  of  the 
the  jury,  that  supply  the  want  of  evidence. 

Suspicion  is  to  be  distinguished  from  proof, — a  thousand 
suspicions  do  not  form  one  proof.  We  understand,  in  common 
language,  by  the  term  suspicion,  the  imagining  of  something 
ill,  without  proof.  It  may,  therefore,  form  a  proper  ground 
of  accusation,  but  never  of  conviction :  it  seems  to  arise  from 
the  general  semblance  of  things,  and  often  from  the  morals 
of  the  individual,  rather  than  from  any  distinct  act.  Thus, 
in  the  civil  law,  a  guardian  is  regarded  as  suspected,  whose 
morals  render  him  so. 

A   suspicion  is  ob?  thing,  and  a  necessary  inference  an- 


TNTROD  UCTION.  xxvu 

other :  a  suspicion  is  an  impression  on  another  man's  mind, 
— an  inference  is  made  from  the  fact  itself. 

There  certainly  was  no  overt  act  proved  against  the  pris- 
oner during  the  whole  course  of  this  trial;  it  was  not  proved 
that  he  gave  the  poison,  or  saw  it  given,  or  had  such  in  his 
possession.  Many  things,  no  doubt,  in  his  demeanor  and 
conversation,  gave  strong  suspicions  against  him ;  hut,  if 
the  civil  law  positively  forbids  a  man  being  condemned  on 
suspicion,  can  that  be  justified  by  ours  ? 

"  The  wisdom  and  goodness  of  our  law  appears  in  nothing 
more  remarkably,  than  in  the  perspicuity,  certainty,  and 
clearness  of  the  evidence  it  requires  to  fix  a  crime  upon  any 
man,  whereby  his  life,  his  liberty,  or  his  property  can  be  c 
cerned:  herein  we  glory  and  pride  ourselves,  and  are  justly 
the  envy  of  all  our  neighbor  nations.  Our  law,  in  such 
cases,  requires  evidence  so  clear  and  convincing,  that  every 
bystander,  the  instant  he  hears  it,  must  be  fully  satisfied  of 
the  truth  and  certainty  of  it.  It  admits  of  no  surmises, 
innuendoes,  forced  consequences,  or  harsh  constructions,  nor 
anything  else  to  be  offered  as  evidence,  but  what  is  real  and 
substantial,  according  to  the  rules  of  natural  justice  and 
equity."* 

We  have  been  the  more  full  in  our  observations  on  this 
trial,  because  it  has  been  so  often  quoted  with  a  sort  of 
triumph,  as  forming  a  model  and  illustration  of  the  nature  of 
circumstantial  evidence.  It  is  an  illustration,  indeed,  of  how 
little  evidence  one  man  has  been  convicted  on ;  but  it  is  an 
illustration  of  nothing  else. 

We  can  never  bring  ourselves  to  believe,  that  it  is  neces- 
sary to  forfeit  the  life  of  a  man  on  bare  suspicion,  on  pre- 
sumptions without  proof,  and  on  inferences  unsupported  by 
evidence. 

A  rule  of  conduct,  to  be  good,  must  be  so  on  general 
grounds,  and  in  reference  to  the  state  of  society  in  which  we 

*  Lord  Cowper's  speech  on  the  Bishop  of  Rochester's  trial. 


xx  v  iii  IN  TROD  UCTION. 

placed ;  and,  happily,  the  wholesome  state  of  British  mor- 
als does  not  require  that  men  should  he  convicted  on  any  evi- 
dence but  that  which  is  established  by  law,  and  warranted  by 
sound  reason. 

The  mischief  of  a  nice  conviction  does  not  rest  with  the 
particular  case ;  precedents  are  grounds  of  law  by  the  English 
practice,  and  indeed  the  most  general  ground  of  our  law  of 
evidence. 

We  have,  in  more  than  one  instance,  witnessed  the  doc- 
trine of  circumstantial  evidence  being  hastily  applied  by 
loose  analogies  and  incidents,  foreign  to  the  intrinsic  condi- 
tions of  the  subject.  But  we  do  not  feel  ourselves  at  liberty 
to  hurt  the  tenderness  due  to  living  reputation,  by  recurrence 
to  recent  instances;  we  adopt  the  more  agreeable  duty  of 
Gearing  testimony  to  the  wise  maxim  of  an  eminent  magis- 
trate: "Nothing  can  he  more  dangerous  or  unjust,  in  mat- 
ters of  this  nature,"  says  Mr.  Chief  Justice  Hyde,  speaking 
of  homicide,  "than  to  establish  material  distinctions  upon 
points  which  do  not  enter  into  the  intrinsic  merits  of  the 
case."     {East's  Pleas  of  the  Crown,  p.  2-41.) 

The  evidence  of  circumstances  on  every  criminal  trial, 
should  he  confined  as  much  as  possible  to  the  actual  commis- 
sion of  the  fact. 

The  intention,  indeed,  must  always  precede  the  act,  and  is 
chiefly  to  be  judged  of  by  the  antecedent  circumstances.  But 
then  each  of  these  circumstances  should  be  regarded  as  a  fact 
to  be  proved  and  established  by  evidence ;  and,  unless  so  es- 
tablished, ought  never  to  form  a  ground  of  conviction.  We 
must  once  more  revert  to  the  trial  for  illustration.  On  pass- 
ing sentence,  Mr.  Justice  Bullee  conveyed  the  following 
opinion  as  to  the  motives : — "  Probably  the  greatness  of  his 
.fortune  caused  the  greatness  of  your  offense;  and  I  am  fully 
satisfied,  on  the  evidence  given  against  you,  that  avarice  was 
your  motive,  and  hypocrisy  served  you  with  the  means." 

But  where  or  how  was  this  proved  by  evidence  on  the 
trial  ?      The  speech  of  a  judge  is  to  be  taken  out  of  the  evi- 


IN  TROD  UC  riON.  xxix 


deuce  adduced  on  the  trial ; — if  it  is  not  so  limited,  it  may  be 
difficult  to  fix  its  bounds. 

In  a  criminal  trial,  and  more  especially  in  the  trial  for  a 
capital  offense,  everything  is  supposed  to  be  governed  by 
fixed  and  known  rules.  There  is  here  no  room  for  the  discre- 
tion of  a  judge  ;  the  proof  by  which  the  prisoner  is  to  be  tried 
is  as  fixed  as  the  law  which  condemns  the  crime ;  at  least,  the 
principles  of  that  proof  are  to  be  stated  by  the  judge  to  the 
jury,  as  known  and  received  maxims  of  reason,  handed  down 
by  a  long  train  of  precedents,  or  fixed  by  statutory  enact- 
ment. "Whatever  the  rules  in  Westminister  Hall  are,  it  is 
not  therefore  reason  because  it  is  a  rule ;  but  because  it  is 
reason,  and  reason  approved  of  by  long  experience,  therefore 
it  is  a  rule."  {State  Trials,  vol.  4,  p.  291.)  The  opinion  of 
Mr.  Justice  Bulleb  might  have  been  very  just,  but  if  it  was 
not  regularly  formed,  it  was  extra-judicial  and  of  dangerous 
example. 

It  is  an  observation  warranted  by  the  history  of  our  crimi 
nal  law,  that  all  the  instances  by  which  innocent  men  have 
lost   their  lives,  have  arisen  from  precedents  against  guilty 
men  ;*  but  laws  were  meant  to  protect  the  innocent,  as  well 
as  to  punish  the  guilty. 

The  following  observation,  by  Lord  Bacon",  suggests  the 
caution  with  which  men  should  give  their  assent  to  any  pro- 
position founded  on  a  mere  similarity  of  circumstances: — 
"  The  mind,"  he  observes,  "  has  this  property, — that  it  readily 
supposes  a  greater  order  and  conformity  in  things  than  it 
finds  ;  and  although  many  things  in  nature  are  singular,  and 
extremely  dissimilar,  yet  the  mind  is  still  imagining  parallel 
correspondence  and  relations  betwixt  them  which  have  no 
existence. 

"Nor  does  this  folly,"  he  adds,  "  prevail  only  in  abstract 
tenets,  but  also  in  simple  notions."  {Novum  organum,  s.  2, 
aphorim  45.) 

*  Omnia  mala  exampla,  ex  bonis  initiis  orta  sun. 


xxs  IN  TROD  UCTION. 


Every  one  may  prove  the  justice  of  these  remarks,  by  his 
reflections  on  what  he  sees  every  day  occurring  in  common 
life. 

Weak  men  are  always  the  first  to  assent  and  to  admit  of 
loose  analogies,  imperfect  resemblances,  and  inferences  with- 
out proof, — whilst  men  of  stronger  minds,  and  more  reflec- 
tion, look  out  for  distinctions ;  they  search  for  discriminations 
in  subjects  nearly  similar,  and  are  slow  in  yielding  their 
assent  to  first  impressions.  Judgment  consists  in  distinguish- 
ing things  which  are  nearly  alike,  without  exactly  being  so. 

In  the  general  prejudice,  which  at  present  prevails  for 
circumstantial  evidence,  the  mind,  I  am  afraid,  is  rather  dis- 
posed to  look  out  for  analogies  and  resemblances,  than  for 
discrimination. 

In  almost  every  trial,  it  is  the  interest  of  the  accuser  to 
accumulate  his  proofs,  whilst  the  safety  of  the  prisoner  con- 
sists in  considering  these,  separate  and  apart;  this  practice, 
therefore,  has  a  tendency  rather  to  convict  than  to  acquit. 

We  should  lament  to  advance  any  thing  that  might  tend 
to  weaken  the  facility  of  detecting  crimes ;  but  that  facility 
may  be  increased  by  establishing  certain  rules  for  the  deter- 
mination of  proof. 

Without  presuming  to  state  a  body  of  general  rules,  we 
may  be  allowed  to  show  where  some  obvious  principles  have 
been  violated.  All  instruction  proceeds  safest  by  negatives  and 
exclusives  to  what  is  positive  and  affirmative.  And  it  was  this 
principle  which  led  us  to  dwell  so  particularly  on  the  above  case. 
We  conceive  one  great  error  has  arisen  from  the  popular  say- 
ing, that  circumstances  cannot  lie ;  from  the  idea  that  cir- 
cumstantial evidence  is  equivalent  to  direct  proof. 

And,  perhaps,  from  the  vanity  of  forming  resemblances, 
where  (if  that  passion  in  the  judicial  character  is  ever  allow- 
able), the  vanity  should  rather  be  in  perceiving  distinctions. 

Nothing  is  more  dangerous  in  the  mouth  of  a  judge,  than 
popular  brocards,  barren  generalities,  and  loose  unsettled 
maxims,  which  carry  away  the  attention  of  the  jury  from  the 


IN  TROD  UCTION.  xxxi 


intrinsic  evidenee  of  the  case  itself,  and  prevent  the  free 
exercise  of  their  own  understandings.  It  is  not  every  jury- 
man that  can  understand  a  general  theory,  hut  every  man  ot 
sense  can  compare  what  he  hears  at  the  trial,  with  similar 
circumstances,  as  falling  under  his  own  experience,  and  so 
estimate  for  himself  the  credibility  of  the  evidence. 

I  deprecate  an  argumentath  e  judge,  reasoning  a  jury  into  a 
belief  of  guilt  or  innocence,  rather  than  leaving  them  to 
judge  from  their  own  feelings ;  from  those  feelings  which  God 
and  nature  have  besfcnved  on  them,  as  the  safeguard  of  inno- 
cence, and  the  true  measure  of  human  conduct. 

The  following  observation,  in  the  charge  so  often  alluded 
to,  deserves  particular  remark : — "  It  is  not  within  the  reach 
and  compass  of  human  abilities  to  invent  a  train  of  circum- 
stances which  shall  be  so  connected  together  as  to  amount  to 
a  proof,  without  affording  opportunities  of  contradicting  a 
great  part,  if  not  all,  of  these  circumstances." 

This  is  one  of  those  general  sayings  which,  coming  from 
high  authority,  is  allowed  to  pass  without  examination,  and, 
from  being  often  repeated,  no  one  thinks  to  doubt  of  its  truth 
No  other  remark,  however,  was  ever  more  refuted  by  experi- 
ence. If  the  observation  was  just,  we  should  find  it  illus- 
trated by  practice ;  but  we  know  that  there  are  infinitely 
more  instances  of  mistaken  convictions  on  circumstantial 
evidence,  than  by  any  other  species  of  proof  whatever 
"  Reducing  general  words  to  particular  facts,  clears  the 
sophistry  of  them."* 

I  beg  here  to  dwell,  a  little  more  minutely,  on  the  hard- 
ship of  requiring  a  prisoner  to  controvert  a  train  of  circum- 
stantial evidence.  For,  how  can  a  prisoner,  altogether 
innocent  of  the  charge,  controvert  circumstances,  or  an 
account  of  events,  with  which  he  is  unacquainted.  A  man, 
charged  with  the  commission  of  a  crime,  at  a  period  long  an- 


*  Remarks  on  College's  trial,  by  Sir  J.  Hawles.     State  Trials,  vol.  3 
p.  621. 


xxxii  INTRODUCTION. 


terior  to  the  trial,  if  innocent,  and  at  a  distance  from  the 
place,  at  the  time  of  its  occurrence,  can  only  establish  hig 
innocence  by  one  of  two  methods: — first,  by  showing  a  con-, 
tradiction  in  the  circumstances  of  the  proof  itself;  or, 
secondly,  by  establishing  an  alibi, — that  is,  by  showing  that 
he  was  at  a  different  place  at  the  time.*  In  regard  to  the  first 
mode  of  refuting  the  charge :  if  he  is  ignorant  of  the  facts, 
if  he  is  unaccustomed  to  the  nature  of  legal  argument,  he 
may  not  easily  confute  the  chain  of  circumstances.  A  pre- 
meditated story  is  always  so  made  up  as  to  bear  the  appear- 
ance of  consistency.  Men  will  believe  a  probable  falsehood 
rather  than  a  singular  truth ;  and,  in  regard  to  the  proof  of 
an  alibi,  if  the  prisoner  does  not  happen  to  recollect  the  day 
or  cannot,  perhaps,  recall  to  mind  where  he  chanced  to  be  on 
that  day,  he  is  left  without  a  defense.  The  proof  of  a  nega- 
tive is  always  difficult,  often  impossible. 

But  what  is  the  situation  of  a  person  charged  with  a  capi- 
tal crime  ?  Suspicions  of  this  sort  generally  fall  upon  the 
needy  and  unfortunate.  He  is  brought  from  a  jail,  where  he 
has  been  perhaps  long  confined,  distracted  and  agitated  with 
his  situation ;  he  has  none  to  assist  him  or  suggest  to  him 
what  course  to  pursue ;  and  no  counsel  is  allowed  to  plead  for 
nim,  and  assert  his  innocency  of  the  facts  charged.  A  long 
train  of  circumstances  are  offered  by  the  witnesses,  of  the 
whole  of  which  he  is  ignorant,  and,  therefore,  unprepared  to 
ask  the  necessary  questions,  or  to  point  out  to  the  jury  the 
incongruity  of  the  story  advanced: — his  very  attempt  to  do 
so,  unsuccessfully  (that  is  to  say,  if  he  makes  observations  on 
the  evidence,  which  are  not  explanatory  or  correct),  will  be 
held  an  argument  of  his  guilt.  But  the  facts  have  been  sworn 
to,  and  his  personal  appearance  is  perhaps  against  him ;  and 
his  character, — it  may  be,  suffering  under  prejudice.  If  a 
weak  magistrate  happens  to  sit  on  the  bench  (and  weak  men 


*  The  character  of  the  witnesses  is,  no  doubt,  always  a  matter  of  tht 
most  important  consideration. 


IN  TROD  UCT10N.  xxxin 


sometimes  find  their  way  to  the  bench,  as  well  as  to  other 
places) ;  if  the  judge  is  infirm,  or  his  attention  exhausted  by 
the  fatigue  of  a  long  trial;  and  if,  in  summing  up,  he  loses 
sight  of  the  chain  of  incidents,  assumes  a  fact  as  established 
before  it  is  so,— endeavors  to  prove  facts  by  other  facts,  which 
are  not  proved  themselves, — forgets  the  attention  which  is  due 
to  the  character  of  the  witnesses,  and  has  allowed  the  counsel 
for  the  prosecution,  in  his  opening  speech,  to  prejudice  and 
inflame  the  minds  of  the  jury! — 

It  were  superfluous  to  ask  what  the  result  of  such  a  trial 
must  naturally  be.  We  hope,  and  believe,  that  such  a  con- 
currence of  incidents,  hostile  to  justice,  is  very  uncommon. 

But  to  return  to  the  proposition  in  the  charge :  can  it 
ever  be  admitted  that  the  number  of  circumstances  alleged 
against  a  prisoner,  facilitates  the  refutation  ?  Surely  the  diffi- 
culty of  defense  is  increased  by  the  multiplicity  of  proof  that 
it  has  to  contend  with  !  The  attention  is  distracted;  and  the 
very  embarrassment  incident  to  the  occasion,  is  alone  suffi- 
cient to  bereave  any  common  man  of  his  faculties. 

The  civil  law  has  foreseen  the  embarrassments,  which  a 
prisoner  must  always  be  under,  from  a  variety  of  witnesses 
being  produced  against  him ;  and  has,  therefore,  left  it  to  the 
discretion  of  the  judge  to  moderate  their  number.  It  might 
as  well  be  said,  that  a  prisoner  has  an  advantage  in  the  mul- 
tiplicity of  witnesses  opposed  to  him,  because  if  false  he  can 
always  refute  some  of  them. 

But,  if  you  break  the  chain  of  circumstances,  it  will  be 
said,  in  one  link,  the  whole  structure  falls  to  the  ground. 
This,  no  doubt,  ought  to  be  the  consequence.  But  is  the  fact 
so?  Does  experience  warrant  the  observation?  Are  we  to 
suppose  that  all  those  who  have  been  irregularly  convicted, 
made  no  defense,  and  broke  no  part  of  the  chain  ?  They 
must  naturally  have  offered  something  to  the  consideration  of 
the  jury.  Yet  still,  we  see,  that  the  general  effect  of  the 
whole,  the  multiplicity  of  the  circumstances,  pointing  against 
C 


xxxiy  INTRODUCTION. 


the  prisoner,  has  been  thought  sufficient  to  warrant  convic 
tion. 

It  happens,  not  un frequently,  that  a  prisoner  is  not  ap- 
prized of  the  evidence  intended  to  be  produced  against  him. 
If  Ihe  case  is  altogether  false  on  the  part  of  the  prosecution, 
the  difficulty  of  defense  is  increased.  For  a  man  can  only  re- 
fute a  false  story,  by  being  acquainted  with  some  part  of  it. 
The  true  case  must  always  be  opposed  to  the  false  one.  Thus, 
in  the  case  of  two  men  who  were  tried  some  few  years  ago, 
for  the  murder  of  Mr.  Steele,  on  Hounslow  Heath,  a  long  de- 
tail of  the  circumstances  attending  the  occasion,  was  given  in 
evidence  against  them.  But  if  they  were  not,  as  they  as- 
serted, present  on  the  occasion,  and  knew  nothing  of  either 
Mr.  Steele  or  the  murder,  how  was  it  possible  for  them  to  re 
fute  or  disprove  the  circumstances? 

The  accusation  wis  not  brought  until  some  years  after  the 
murder.  They  could  not  bring  to  recollection  where  they 
were  on  that  day,  and  so  failed  in  establishing  an  alibi. 

A  different  man  has  been  since  brought  to  trial  for  that 
very  murder.  It  is  true  that  the  judges  did  not  allow  the 
evidence  to  be  entered  upon,  because  they  thought  that  it  was 
insufficient  on  the  statement  of  the  counsel  in  his  opening 
speech. 

It  should  be  always  kept  in  mind,  that  circumstantial  evi- 
dence is  merely  supplemental;  and  is  only  resorted  to  from 
the  want  of  original  and  direct  proof.  And  it  never  can  be 
said  that  what  is  secondary,  is  equal  to  that  which  is  original, 
— the  thing  substituted  equal  to  that  which  it  is  meant  to 
supply. 

And  this  distinction  seems  fully  recognized  by  Lord  Chief 
Baron  Gilbert.  "  When  the  fact  itself  cannot  be  proved, 
that  which  comes  nearest  to  the  proof  of  the  fact,  is  the  proof 
of  the  circumstances  that  necessarily  and  usually  attend  such 
facts,  and  called  presumptions  ;  and  not  proof,  for  they  stand 
instead  of  the  proofs  of  the  fact  till  the  co-utrary  be  proved.'' 
(Gilbert's  Laio  of  Evidence,  vol.  1,  p.  142.) 


INTRODUCTION.  xxxv 


A  regard  to  the  peace  and  good  order  of  society,  certainly 
requires  that  crimes  shall  be  liable  to  be  proved  by  circum- 
stantial evidence.  But  a  regard  to  the  well  being  of  society 
likewise  demands,  that  the  mode  of  proof  should  be  regulated 
by  some  fixed  rules.  If  the  nature  of  the  thing  admits  of  but 
few  rules,  lor  that  very  reason,  those  few  should  be  the  more 
distinctly  observed.  This  principle  is  excellently  illustrated 
by  the  deep  Gravina,  who  somewhere  observes  (for  the  book  is 
not  at  hand  for  reference),  that  as  the  military  state  admits  of 
but  few  laws,  those  few  should  be  the  more  distinctly  ob- 
served, as  they  could  only  have  been  introduced  into  an  army 
or  camp  from  a  strong  sense  of  their  necessity. 

Legal  proceedings  would  be  vague  and  uncertain,  judges 
would  become  arbitrary,  and  innocence  would  be  exposed  to 
the  resentment  of  witnesses,  if  some  general  and  fixed  rules 
were  not  observed  for  the  discovery  of  truth. 

Of  these  the  following  are  perhaps  the  chief: — 

1.  The  actual  commission  of  the  crime  itself  {the  corpus  de- 
licti) shall  he  clearly  established. 

2.  Each  circumstance  shall  he  distinctly  proved. 

o.  Tlie  circumstance  relied  on,  shall  be  such  as  is  necessary 
or  usually  incident  to  the  fact  charged. 

4.  When  the  number  of  circumstances  depend  on  the  testi- 
mony of  one  witness,  that  number  shall  not  increase  the 
strength  of  the  proof  For,  as  the  whole  depends  on  the  ve- 
racity of  the  witness,  when  that  fails  the  whole  fails. 

5.  Direct  evidence  shall  not  be  held  refuted  from  being  op- 
posed to  circumstances  incongruous  with  that  evidence.  Because 
;i  certain  degree  of  incongruity  is  incident  to  every  man's 
conduct. 

6.  The  judge,  in  summing  up,  shall  assume  no  fact  or  cir- 
cumstance as  proved ;  but  shall  state  the  whole  hypothetically 
and  conditionally  ;  leaving  it  entirely  to  the  jury,  to  determine 
how  far  the  case  is  made  out  to  their  satisfaction. 

7.  The  difficulty  of  'proving  the  negative  shall  in  all  cases 
be  allowed  due  weight.     But  the  silence  of  the  prisoner  as  to 


xxxvi  IN  TROD  UCTION. 


facts,  which,  if  innocent,  he  might  have  explained,  shall  be 
held  an  argument  against  him.  This,  of  course,  proceeds 
upon  the  supposition,  that  he  stood  fully  apprized,  before  his 
trial,  of  all  that  was  intended  to  he  produced. 

8.  The  counsel  for  the  prisoner  shall  be  allowed  to  object 
freely  to  the  production  of  any  evidence,  as  not  proper  to  go  to 
the  jury,  or  as  not  being  of  legal  credence.  On  Captain  Don- 
nellan's  trial,  the  counsel  do  not  appear  to  have  always 
availed  themselves  of  this  privilege. 

The  liberty  of  objecting  to  any  piece  of  evidence,  ought, 
on  every  occasion,  to  be  strenuously  exerted;  as  supplying, 
in  a  great  measure,  the  right  of  making  the  defense. 

9.  The  jury  shall  be  as  fully  convinced  of  the  guilt  of  the 
prisoner,  from  the  combination  of  the  circumstances,  as  if 
direct  proof  had  been  brought. 

It  should  always  be  considered,  whether  the  connection 
betwixt  the  circumstances  and  the  crime  is  necessary,  or  only 
casual  and  contingent;  and  whether,  therefore,  the  circum- 
stances necessarily  involve  the  guilt  of  the  prisoner,  or  only 
probably  so  ;  whether  these  circumstances  might  not  all  exist, 
and  yet  the  accused  be  innocent. 

It  seems  desirable,  that  some  inchoate  act,  approaching  to 
the  crime,  should  be  proved  on  the  prisoner ;  and  that  he 
should  not  be  convicted  on  general  appearances, — such  as 
from  being  found  in  a  certain  situation.  The  improper  con- 
viction seem  chiefly  to  have  been  owing  to  a  neglect  of  this 
rule.  Strong  appearances,  but  without  any  act  proved 
against  the  prisoner,  have  too  often  turned  out  unfounded. 

It  is  sometimes  said,  in  summing  up  by  the  judge,  that 
the  evidence  is  the  best  that  the  nature  of  the  case  can  be 
supposed  to  afford ;  but  this,  certainly,  is  no  reason  for  the 
;ury  being  satisfied  with  it.  In  the  first  place,  the  nature  of 
the  case  is  only  to  be  known  by  the  evidence.  The  case  of  an 
innocent  man  must  always  be  of  a  nature  to  afford  very  little 
evidence  ;  but  the  jury,  let  the  case  be  what  it  will,  must  be 
distinctly  persuaded  of  the  guilt  of  the  prisoner,  before  they 


IN  TROD  UCTION.  xxxvii 


return  such  a  verdict.  Agreeably  to  the  common  law,  where 
the  facts  have  gone  regularly  before  a  jury,  and  there  is  no 
misdirection  from  the  judge  in  summing  up,  the  proof  is 
complete.  When  the  jury  is  satisfied,  the  law  is  satisfied.  No 
principle  can  be  at  once  more  calculated  to  facilitate  the  de- 
tection of  crimes,  to  ensure  the  safety  of  innocence,  and  to 
maintain  the  general  peace  of  society. 

10.  Wliere  thclody  of  the  act  is  distinctly  sworn  to,  a  vari- 
ation in  the  circumstances  does  not  destroy  the  proof.  "If 
several  independent  witnesses,  of  fair  character,  should  agree 
in  all  the  parts  of  a  story  (in  testifying,  for  instance,  that  a 
murder  or  a  robbery  was  committed  at  a  particular  time,  in  a 
particular  place,  and  by  a  certain  individual),  every  court  of 
justice  in  the  world  would  admit  the  fact,  notwithstanding 
the  abstract  possibility  of  the  whole  being  false.  Again,  if 
several  honest  men  should  agree  in  saying  that  they  saw  the 
king  of  France  beheaded,  though  they  should  disagree  as  to 
the  figure  of  the  guillotine,  or  the  size  of  his  executioner,  as 
to  the  king's  head  being  bound  or  loose,  as  to  his  being  com- 
posed or  agitated  in  ascending  the  scaffold,  yet  every  court  of 
justice  in  the  world  would  think  that  such  difference,  respect- 
ing the  circumstances  of  the  fact,  did  not  invalidate  the  evi- 
dence respecting  the  fact  itself. 

"  When  you  speak  of  the  whole  of  a  story,  you  cannot  mean 
every  particular  circumstance  connected  with  the  history,  but 
not  essential  to  it ;  you  must  mean  the  pith  and  marrow  of  a 
story ;  for  it  wculd  be  impossible  to  establish  the  truth  of 
any  fact  (of  Admirals  Byng  or  Keppel,  for  example,  having 
neglected  or  not  neglected  their  duty),  if  a  disagreement  in 
the  evidence  of  witnesses,  in  minute  points,  should  be  con- 
sidered as  annihilating  the  weight  of  the  evidence  in  points  of 
importance.  In  a  word,  the  relation  of  a  fact  differs  essen- 
tially from  the  demonstration  of  a  theorem ;  if  one  step  is  left 
out,  one  link  in  the  chain  of  ideas  constituting  a  demonstra- 
tion is  omitted,  the  conclusion  will  be  destroyed;  but  a  fact 
maybe  established  notwithstanding  a  disagreement  of  wit- 


xxxviii  IN  TROD  UCTION. 

nesses  in  certain  trifling  particulars  of  their  evidence  respect- 
ing it."* 

The  following  rule  is  the  converse  of  the  preceding  one : 

11.  Where  the  leading  fact  or  crime  is  only  to  be  collected 
from  circumstances,  a  material  variation  in  these  will  defeat 
the  effect  of  the  whole. 

For,  as  each  particular  is  to  have  an  effect  on  the  general 
conclusion,  a  variation  in  the  circumstances  may  give  a  differ- 
ent color  to  the  whole  transaction. 

A  system  of  propositions  is  only  true,  because  each  of  the 
propositions,  of  which  it  is  composed,  is  true. 

12.  There  being  no  repugnance  in  the  chain  of  circum- 
stances, is  a  proof  that  a  thing  mag  be  ;  not  that  it  is :  though 
therebeing  a  repugnance,  is  a  proof  that  it  cannot  be.  What- 
ever does  not  involve  a  contradiction,  is  possible ;  whatever  in- 
volves one,  is  impossible. 

13.  The  absence  of  the  proof ,  naturally  to  be  expected,  is  a 
strong  argument  against  the  existence  of  any  fact  alleged. 
This  applies  particularly  to  cases  where  violence  is  charged. 

"  It  is  an  undoubted  truth  "  (Lord  Mansfield  observed 
in  the  Douglass  cause),  "that  judges,  in  forming  their 
opinion  of  events,  and  in  deciding  upon  the  truth  or  falsehood 
of  controverted  facts,  must  be  guided  by  the  rules  of  proba- 
bility; and,  as  mathematical  or  absolute  certainty  is  seldom 
to  be  attained  in  human  affairs,  reason  and  public  utility  re- 
quire that  judges,  and  all  mankind,  in  forming  their  opinion 
of  the  truth  of  facts,  should  be  regulated  by  the  superior 
number  of  the  probabilities  on  the  one  side  or  the  other, 

*  Apology  for  the  Bible,  p.  344. 

We  shall  search  in  vain  our  State  Trials,  for  a  happier  illustration  of 
the  principle  than  the  above,  from  the  elegant  pen  of  Doctor  Watson. 
"  Literary  men,"  it  has  been  observed,  "  have  marked  superiority  over 
lawyears,  whenever  they  assume  their  profession." 

Quae  argumenta  ad  quem  modum  probands  cuique  rei  sufficiant,  nullo 
certo  modo  satis  definiri  potest. 

Ex  sententia  animi  tui  te  aestimare  oportet,  quid  aut  credas.aut  parun: 
probatum  tibi  opinaris  (ff.  lib.  22,  tit.  5,  s.  8). 


IN  TROD  UCTION.  xxxu 


whether  the  amount  of  these  probabilities  be  expressed  in 
words  and  arguments,  or  by  figures  and  numbers." 

Applied  to  the  affairs  of  civil  life  in  reference  to  which  the 
observation  was  made,  the  proposition  is  excellent;  but  the 
rule  does  not  hold  in  criminal  cases.  The  impression  on  the 
mind  of  the  jury,  in  a  criminal  case,  must  be,  not  that  the 
prisoner  is  probably  guilty,  but  that  he  really  and  absolutely 
is  so ; — where  they  doubt,  they  are  to  acquit. 

It  is  often  said,  in  respect  to  evidence  of  this  sort,  if  you 
break  the  chain  of  circumstances,  the  whole  falls  to  the 
ground.  It  is  material,  always,  to  be  apprised  of  the  meaning 
of  terms,  before  we  argue  as  to  their  effect.  What  is  the  im- 
port of  the  term  ?  In  what  does  this  interruption  consist  ? 
The  Douglass  cause  turned  entirely  on  circumstantial  evi- 
dence ;  yet  neither  the  speeches  of  the  judges,  nor  the  singu- 
larly acute  letters  of  Mr.  Stewart,  on  the  subject  of  the  trial, 
afford  any  solution  of  the  term.  The  chain  appears,  on  both 
sides  of  the  question,  repeatedly  broken,  and  as  often  re- 
newed; the  want  of  the  fact  is  supplied  by  argument,  and 
the  argument  invalidated  by  the  want  of  the  'Hct,  in  endless 
prolixity. 

We  hazard  an  explanation  of  it  with  great  diffidence : — 
the  chain  of  circumstances  is  broken,  whenever  there  is  such  a 
defect  in  the  thread  of  the  narrative  as  cannot  be  accounted 
for;  or,  such  a  contradiction  in  the  statement,  as  is  irrecon- 
cilable with  probability. 

We  will  not  add  to  the  number  of  the  above  rules,  lest  we 
might  appear  to  aim  at  forming  a  technical  system  for  the 
belief  or  disbelief  of  facts,  independent  of  the  free  exercise  of 
the  understanding  over  the  circumstances  of  the  case. 

We  must  never  bind  ourselves  down  to  believe  or  disbe- 
lieve, on  general  grounds,  abstracted  from  the  condition  of 
times,  persons,  motives,  and  all  the  variety  of  relations  of 
which  the  particular  case  happens  to  consist.  Irregular,  ca- 
pricious, and  shifting  as  man  is,  in  all  his  actions,  we  can 
never  establish  absolute  grounds  forjudging  of  these. 


Famous   Cases 


o  F 


Circumstantial  Evidence. 

i. 

The  Old  Woman  of  the  Place  St. 
Michel. 
Thebe  lived  in  Paris,  more  than  a  century  ago,  an 
old  dame  who  kept  a  shop  in  a  house  not  far  distant 
from  the  Place  St.  MicheL  She  was  reputed  rich, 
and  was  supposed  to  keep  her  money  in  the  house. 
Her  only  servant  was  a  boy  who  had  lived  with  her 
for  several  years  ;  he  slept  in  the  house,  but  high  up 
in  the  fourth  story,  or  rather  loft,  which  could  only  be 
reached  by  a  staircase,  such  as  was  common  in  those 
days,  outside  the  house  wall,  the  old  lady  sleeping  in 
a  room  on  the  ground  floor  at  the  back  of  the  shop. 
It  was  the  boy's  duty  to  lock  the  shop  door  at  night 
and  retain  possession  of  the  key.  One  morning  the 
neighbors  found  the  shop  door  open  much  earlier  than 
usual,  and  as  there  was  no  one  to  be  seen  in  the  shop, 
some  of  them,  suspecting  that  all  was  not  right,  went 
in.  There  were  no  marks  betokening  a  violent  entry 
of  the  premises,  but  the  old  lady  was  discovered  de 


FAMOUS    CASES     OF 


in  her  bed,  having  received  many  wounds,  such 
wounds,  to  all  appearance,  having  been  inflicted  with 
a  knife ;  and  a  knife  covered  with  blood  was  found 
lying  in  the  middle  of  the  shop  floor.  One  hand  of 
the  corpse  yet  grasped  a  thick  lock  of  hair,  and  in 
the  other  was  a  neck-handkerchief.  It  was  proved 
beyond  doubt  that  the  knife  and  the  neck-handker- 
chief belonged  to  the  boy  who  had  been  so  long  her 
servant,  and  the  lock  of  hair  also  matched  his  exactly. 
He  was  arrested,  charged  with  the  crime,  and  (proba- 
bly under  torture)  confessed  it,  and  suffered  capital 
punishment  as  a  murderer.  He  was  innocent,  not- 
withstanding. Not  very  long  after  his  execution 
another  boy,  a  servant  in  a  neighboring  wine-shop, 
being  taken  into  custody  for  another  offense,  and 
seized  with  the  pangs  of  remorse,  confessed  to  the 
murder  of  the  old  dame.  He  had  long  been  familiarly 
acquainted  with  the  shop  boy,  who  had  suffered  inno- 
cently, and  had  been  in  the  habit  of  dressing  his  hair. 
He  had  managed  by  degrees  to  save  up  enough  of  the 
lad's  hair  from  the  comb  he  made  use  of  to  make 
into  a  tolerably  stout  lock,  and  this  he  had  put  into 
the  hand  of  the  dead  woman.  He  had  stolen  one  of 
the  boy's  neck-handkerchiefs,  and  also  his  knife,  and 
by  taking  an  impression  in  wax  of  the  key,  had  been 
able  to  construct  another  by  which  to  gain  entrance 


CIRCUMSTANTIAL  EVIDENCE.  j 

to  the  shop.  At  the  first  glance,  the  evidence  in  this 
case  seems  at  once  clear,  natural  and  spontaneous  ; 
but  the  very  completeness  of  the  evidentiary  facts 
ought  to  have  aroused  suspicion ;  and  there  is  no 
doubt  that  had  a  rigid  investigation  been  set  on  foot, 
the  innocence  of  the  accused  would  have  been 
establishtnl. 


FAMOUS    CASES    OF 


II. 

Case     of     John     Jenning8 

A  case  of  fabricated  evidence  of  a  sufficiently 
remarkable  kind  occurred  near  Hull,  in  the  year 
1742.  A  gentleman  traveling  to  that  place  was 
stopped  late  in  the  evening,  about  seven  miles  from 
the  town,  by  a  masked  highwayman,  who  robbed 
him  of  a  purse  containing  twenty  guineas.  The  high- 
wayman galloped  off  by  a  side  road,  and  the  trav- 
eler, in  no  way  injured,  save  in  purse,  continued  his 
journey.  It  was  now  growing  late,  and,  being  ex- 
cited and  alarmed  by  what  had  happened,  he 
naturally  looked  out  for  a  place  of  shelter,  and, 
instead  of  riding  on  to  Hull,  stopped  at  the  first  inn 
he  came  to,  which  was  the  "Bell  Inn,"  kept  by  Mr. 
James  Brunell.  He  went  into  the  kitchen  to  give 
directions  for  his  supper,  and  there  he  related  to 
several  persons  the  fact  of  his  having  been  robbed, 
to  which  he  added  the  further  information,  that  when 
he  traveled  he  always  gave  his  gold  a  peculiar  mark, 
and  that  every  guinea  in  the  purse  taken  from  him 


CIRCUMSTANTIAL    EVIDENCE.  5 

was  thus  marked.  He  hoped,  therefore,  that  the 
robber  would  yet  be  detected.  Supper  being  ready, 
lie  withdrew.  The  gentleman  had  not  long  finished 
his  supper,  when  Mr.  Brunell  came  into  the  parlor 
where  he  was,  and,  after  the  usual  inquiries  of  land- 
lords as  to  the  desires  of  the  guest,  observed,  "Sir, 
I  understand  you  have  been  robbed  in  this  neighbor- 
hood this  evening?"  "Yes,"  said  the  traveler,  "I 
have."  "And  your  money  was  marked?"  con- 
tinued the  landlord.  "It  was  so,"  was  the  reply. 
"A  circumstance  has  arisen,"  resumed  Mr.  Brunell, 
"which  leads  me  to  think  I  can  point  out  the  rob- 
ber. Pray,  at  what  time  in  the  evening  were  you 
stopped."  "It  was  just  setting  in  to  be  dark," 
replied  the  traveler.  "The  time  confirms  my  suspi- 
cions," said  the  landlord ;  and  he  then  informed  the 
gentleman  that  he  had  a  waiter,  one  John  Jennings, 
who  had  of  late  been  so  very  full  of  money,  and  so 
very  extravagant,  that  he  (the  landlord)  had  been 
surprised  at  it,  and  had  determined  to  part  with  him, 
his  conduct  being  every  way  suspicious  ;  that  long 
before  dark  that  day,  he  had  sent  out  Jennings  to 
change  a  guinea  for  him  ;  that  the  man  had  only 
come  back  since  the  arrival  of  the  traveler,  saying 
he  could  not  get  change  ;  and  that,  seeing  Jennings 
to  be  in  liquor,  he  had  sent  him  off  to  bed,  deter- 


FAMOUS    CASES    OF 


mined  to  discharge  hini  in  the  morning.  Mr.  Brunell 
continued  to  say,  that  when  the  guinea  was  brought 
back  to  him,  it  struck  him  that  it  was  not  the  same 
he  had  sent  out  for  change,  there  being  on  the 
returned  one  a  mark  which  he  was  very  sure  was 
not  upon  the  other ;  but  he  should  probably  have 
thought  no  more  of  the  matter,  Jennings  having 
frequently  had  gold  in  his  pocket  of  late,  had  not  the 
people  in  the  kitchen  told  him  what  the  traveler  had 
related  respecting  the  robbery,  and  the  circumstance 
of  the  guineas  being  marked.  He  (Mr.  Brunell)  had 
not  been  present  when  this  relation  was  made,  and, 
unluckily,  before  he  heard  of  it  from  the  people  in 
the  kitchen,  he  had  paid  away  the  guinea  to  a  man 
who  lived  at  some  distance,  and  who  had  now  gone 
home.  "The  circumstance,  however,"  said  the  land- 
lord, in  conclusion,  "  struck  me  so  very  strongly, 
that  I  could  not  refrain,  as  an  honest  man,  from 
coming  and  giving  you  information  of  it." 

Mr.  Brunell  was  duly  thanked  for  his  disclosure. 
There  appeared  from  it  the  strongest  reasons  for 
suspecting  Jennings  ;  and  if,  on  searching  him,  any 
others  of  the  marked  guineas  should  be  found,  and 
the  gentleman  could  identify  them,  there  would  then 
remain  no  doubt  in  the  matter.  It  was  now  agreed 
to  go  up  to  his  room.     Jennings  was  fast  asleep  ;  his 


CIRCUMSTANTIAL     EVIDENCE.  7 

pockets  were  searched,  and  from  one  of  them  was 
drawn  forth  a  purse  containing  exactly  nineteen 
guineas.  Suspicion  now  became  certainty  ;  for  the 
traveler  declared  the  purse  and  guineas  to  be 
identically  those  of  which  he  had  been  robbed. 
Assistance  was  called  ;  Jennings  was  awakened, 
dragged  out  of  bed,  and  charged  with  the  robbery. 
He  denied  it  firmly  ;  but  the  circumstances  against 
him  were  too  strong,  and  he  was  not  believed.  He 
was  secured  that  night,  and  next  day  was  taken 
before  a  justice  of  the  peace.  The  gentleman  and 
Mr.  Brunell  deposed  to  the  facts  upon  oath  ;  and 
Jennings,  having  no  proofs,  nothing  but  mere 
assertions  of  innocence,  which  could  not  be  credited, 
was  committed  to  take  his  trial  at  the  next  assizes. 
So  strong  seemed  the  case  against  him,  that  most 
of  the  man's  friends  advised  him  to  plead  guilty, 
and  throw  himself  on  the  mercy  of  the  court.  This 
advice  he  rejected,  and  when  arraigned,  pleaded  not 
guilty.  The  prosecutor  swore  to  the  fact  of  the  rob- 
bery ;  though,  as  it  took  place  in  the  dusk,  and  the 
highwayman  wore  a  mask,  he  could  not  swear  to  the 
person  of  the  prisoner,  but  thought  him  of  the  same 
stature  nearly  as  the  man  who  robbed  him.  To  the 
purse  and  guineas,  when  they  were  produced  in 
court,  he  swore — as  to  the  purse,  positively,  and  as 


FAMOUS    CASES    OF 


to  the  marked  guineas,  to  the  best  of  his  belief ;  and 
he  testified  to  their  having  been  taken  from  the 
pocket  of  the  prisoner. 

The  prisoner's  master,  Mr.  Brunell,  deposed  as  to 
the  sending  of  Jennings  for  the  change  of  a  guinea, 
and  to  the  waiter's  having  brought  him  back  a 
marked  one  instead  of  the  one  he  had  given  him 
unmarked.  He  also  gave  evidence  as  to  the  discov- 
ery of  the  purse  and  guineas  on  the  prisoner.  To 
consummate  the  proof,  the  man  to  whom  Mr.  Brunei] 
had  paid  the  guinea,  as  mentioned,  came  forward 
and  produced  the  coin,  testifying  at  the  same  time, 
that  he  had  received  it  on  the  evening  of  the  rob- 
bery, from  the  prisoner's  master,  in  payment  of  a 
debt ;  and  the  prosecutor,  on  comparing  it  with  the 
other  nineteen,  swore  to  its  being,  to  the  best  of  his 
belief,  one  of  the  twenty  marked  coins  taken  from 
him  by  the  highwayman,  and  of  which  the  other 
nineteen   were   found  on  Jennings. 

The  judge  summed  up  the  evidence,  pointing  out 
all  the  concurring  circumstances  against  the  prison- 
er ;  and  the  jury,  convinced  by  this  strong  accumula- 
tion of  testimony,  without  going  out  of  court,  brought 
in  a  verdict  of  guilty.  Jennings  was  executed  some 
Time  afterwards,  at  Hull,  repeatedly  declaring  his 
innocence  up  to  the  moment  of  his  execution. 


CIRCUMSTANTIAL     EVIDENCE.  9 

Within  a  twelvemonth  afterwards,  Brunell,  the 
master  of  Jennings,  was  himself  taken  np  for  a 
robbery  committed  on  a  guest  in  his  house,  and  the 
fact  being  proved  on  trial,  he  was  convicted  and 
ordered  for  execution.  The  approach  of  death 
brought  on  repentance  and  confession.  Brunell  not 
only  acknowledged  he  had  been  guilty  ot  many 
highway  robberies,  but  owned  that  he  had  commit- 
ted the  very  one  for  which  Jennings  suffered.  The 
account  which  he  gave  was,  that  after  robbing  the 
traveler,  he  had  reached  home  before  him  by  swifter 
riding,  and  by  a  nearer  way.  That  he  found  a  man 
at  home  waiting  for  him,  to  whom  he  owed  a  little 
bill,  and  to  whom,  not  having  enough  of  other  money 
in  his  pocket,  he  gave  away  one  of  the  guineas  which 
he  had  just  obtained  by  robbery.  Presently  came 
in  the  robbed  gentleman,  who,  whilst  Brunell,  not 
knowing  of  his  arrival,  was  in  the  stable,  told  his 
tale,  as  before  related,  in  the  kitchen.  The  gentle- 
man had  scarcely  left  the  kitchen  before  Brunell 
entered  it,  and  there,  to  his  consternation,  heard  of 
the  facts,  and  of  the  guineas  being  marked.  He 
became  dreadfully  alarmed.  The  guinea  which  he 
had  paid  away  he  dared  not  ask  back  again  ;  and 
as  the  affair  of  the  robbery,  as  well  as  the  circum- 
stance of  the  marked  guineas,  would  soon  become 


FAMOUS    CASES    OF 


publicly  known,  lie  saw  nothing  before  him  but 
detection,  disgrace,  and  death.  In  this  dilemma,  the 
thought  of  accusing  and  sacrificing  poor  Jennings 
occurred  to  him.  The  state  of  intoxication  in  which 
Jennings  was,  gave  him  an  opportunity  of  concealing 
the  purse  of  money  in  the  waiter's  pocket.  The  if-et 
the  reader  knows. 


circumstantial   evidence.  xx 


III. 

Case  of  James  Harris. 
James  Harris  kept  a  public  house  within  eighteen 
miles  of  York,  having  in  his  service  a  man  named 
Morgan,  who,  to  his  other  occupations,  added  that  of 
gardener.  It  happened  that  one  Grey,  a  blacksmith , 
journeying  on  foot  to  Edinburgh,  supped  and  slept 
at  this  public  house.  Next  morning  Morgan  deposed 
before  a  magistrate,  that  his  master  strangled  Grey 
in  his  bed— that  he  actually  saw  him  commit  the 
murder—that  he  in  vain  endeavored  to  prevent  it, 
his  master  insisting  that  the  man  was  in  a  fit,  and 
that  he  was  merely  endeavoring  to  assist  him.  Mor- 
gan further  swore,  that,  affecting  to  believe  this,  he 
left  the  room  ;  but  after  retiring,  looked  through  the 
keyhole,  and  saw  the  murderer  rifling  the  pockets  of 
the  deceased.  Harris,  as  well  he  might,  vehemently 
denied  the  accusation,  and,  haplessly  for  himself, 
threatened  a  prosecution  for  perjury.  As  no  mark 
of  violence  was  visible  on  the  body,  Harris  was  on 
the  point  of  being  discharged,  when  the  maid-servant 
demanded  to  be  heard.  She  swore  that  from  a  wash 
house  window,  as  she  was  descending  the  stairs,  she 


i?  FAMOUS    CASES    OF 

saw  her  master  take  some  gold  from  his  pocket,  and 
having  carefully  wrapped  it  up,  bury  it  under  a  tree 
in  the  garden,  the  position  of  which  she  indicated. 
Upon  this,  Harris  turned  pale,  and  the  earth  under 
the  tree  having  been  searched  by  a  constable,  thirty 
pounds  in  gold  was  found  wrapped  up  in  a  paper. 
Harris  then  admitted  that  he  had  buried  the  money 
for  security's  sake,  but  answered  in  so  confused  and 
hesitating  manner,  that  he  was  committed.  He  was 
tried  at  York  for  the  murder.  The  man,  the  maid, 
the  constable,  and  the  magistrate,  were  all  examined, 
and  no  suspicion  attaching  to  their  testimony,  a  ver- 
dict of  guilty  was  at  once  pronounced.  He  died 
protesting  his  innocence,  and  ere  long  his  innocence 
became  manifest  to  all  men.  The  real  facts  were  as 
follows.  In  a  quarrel  between  Harris  and  his  ser- 
vant, Morgan  received  a  blow,  and  vowed  revenge. 
Soon  afterwards,  Grey's  arrival  furnished  the  oppor- 
tunity. The  part  which  the  servant  maid  played  in 
the  business  is  explained  by  the  fact  that  she  and  the 
gardener  were  sweethearts.  Seeing  her  master  one 
day  apparently  hiding  something  under  a  tree,  she 
apprised  Morgan,  who,  on  digging,  found  five 
guineas  concealed  there.  On  this,  they  agreed  to 
purloin  the  hoard,  when  it  should  amount  to  a  sum 
sufficient  to  enable  them  to  set  up  in  business.     But 


CIRCUMSTANTIAL    EVIDENCE.  j3 

Harris's  threat  of  a  prosecution  for  perjury  so  terri- 
fied the  girl,  that  she  resolved  to  save  her  lover  by 
the  sacrifice  both  of  the  money  and  of  her  master's 
life.  A  subsequent  quarrel,  the  not  unusual  conse- 
quence of  guilt  like  theirs,  betrayed  the  truth 
They  died  of  jail  fever,  on  the  day  previous  to 
that  appointed  for  their  trial.  It  was  afterwards 
ascertained  that  Grey  had  had  two  apoplectic  fits, 
and  had  never  been  in  possession  of  five  pounds 
at  a  time  in  his  life. 

In  this  melancholy  case,  it  will  be  observed  that 
the  victim  of  circumstantial  evidence  himself  uncon- 
sciously prepared  the  principal  fact  which  told 
against  him. 


14  FAMOUS    CASES    OF 


IV. 

Case     of     Soren     Qvist. 

The  most  striking  case  of  circumstantial  evidence, 
in  which  the  testimony  against  the  accused  was 
altogether  fabricated  by  the  accuser,  is  one  taken 
from  the  Danish  records,  and  which,  from  its  im- 
pressiveness,  has  been  made  the  subject  of  remark 
by  both  Danish  and  German  writers.  The  unhappy 
fate  of  the  clergyman,  Soren  Qvist,  is  familiar  to 
his  countrymen,  though  many  generations  have 
passed  away  since  the  events  which  are  about  to 
be  related. 

Soren  was  the  pastor  of  the  little  village  of 
Veilby,  situated  a  few  miles  from  Grenaee,  in  the 
Jutland  peninsula.  He  was  a  man  of  excellent 
moral  character,  generous,  hospitable,  and  diligent 
in  the  performance  of  his  sacred  duties  ;  but  he 
was  also  a  man  of  constitutionally  violent  temper, 
which  he  lacked  the  ability  to  restrain,  and  was 
consequently  subject  at  times  to  fierce  outbreaks  of 
wrath,  which  were  a  scourge  to  his  household 
when  they  occurred,  and  a  humiliation  to  himself. 
Like   most   Danish  clergymen  of  that  day,  he  was 


CIRCUMSTANTIAL    EVIDENCE.  15 

a  tiller  of  the  soil,  as  well  as  a  preacher  of  the 
word  ;  and  from  the  produce  of  his  tithes,  and  the 
cultivation  of  his  farm,  realized  a  comfortable  com- 
petence. He  was  a  widower  with  two  children — a 
daughter  who  kept  house  for  him,  and  a  son  hold- 
ing an  officer' s  commission  in  the  army.  At  Ingvor- 
strup,  a  village  not  far  from  Veilby,  dwelt  a  cattle- 
farmer,  one  Morten  Burns,  who,  by  means  anything 
but  honest  and  honorable,  had  acquired  considerable 
property,  and  who  was  in  ill  repute  as  a  reckless 
self-seeker,  and  oppressor  of  the  poor.  This  man 
Morten  thought  fit  to  pay  court  to  the  pastor's 
daughter,  but  his  suit  was  rejected  by  both  parent 
and  child  ;  and  either  the  refusal,  or  the  manner  of 
it,  so  irritated  the  suitor  that  he  swore  secretly  to 
be  revenged  on  both. 

Some  months  later,  when  the  short-lived  suit  had 
been  forgotten,  the  pastor,  being  in  want  of  a  farm 
servant,  engaged  Mels  Burns,  a  poor  brother  of  the 
rich  Morten,  the  discarded  lover.  Niels  soon  showed 
himself  to  be  an  utterly  worthless  fellow,  lazy,  im- 
pudent, and  overbearing ;  and  the  result  was  a  con- 
stant recurrence  of  quarrels  and  mutual  recrimina- 
tions between  him  and  his  master.  Soren  on  more 
than  one  occasion  gave  the  fellow  a  thrashing,  which 
did  not  at  all  tend  to  improve  the  relations  between 


1 6  FAMOUS    CASES    OF 

them.  These  relations,  however,  were  destined  to 
come  to  a  speedy  close.  The  pastor  had  set  Niels 
to  dig  a  piece  of  ground  in  the  garden,  but  on  com- 
ing out  he  found  him  not  digging,  but  leisurely 
resting  on  his  spade  and  cracking  nuts  which  he 
had  plucked,  his  work  being  left  undone.  The 
pastor  scolded  him  angrily  ;  the  man  retorted  that 
it  was  no  business  of  his  to  dig  in  the  garden ;  at 
which  Soren  struck  him  twice  in  the  face,  and  the 
fellow,  throwing  down  the  spade,  retaliated  with  a 
volley  of  abuse.  Thereupon  the  old  man  lost  all 
self-control,  and  seizing  the  spade,  he  dealt  the  fellow 
several  blows  with  it.  Niels  fell  to  the  earth  like  one 
dead  :  but  when  his  master  in  great  alarm  raised  him 
up  he  broke  away,  leaped  through  the  hedge,  and 
made  off  into  the  neighboring  wood.  From  that  time 
he  was  seen  no  more,  and  all  inquiries  after  him 
proved  vain.  The  above  was  the  pastor's  account 
of  the  facts. 

Ere  long  strange  rumors  began  to  circulate  in 
the  neighborhood,  and,  as  a  matter  of  course,  they 
reached  the  pastor' s  ears.  Morten  Burns  was  known 
to  have  said  that  "he  would  make  the  parson  pro- 
duce his  brother  even  if  he  had  to  dig  him  out  of 
the  earth."  Soren  was  intensely  pained  at  the 
calumny  implied,  and  instituted  at  his  own  expense 


CIRCUMSTANTIAL     EVIDENCE.  17 

a  quiet  search  after  the  missing  man — a  search,  which 
failed  altogether.  Even  before  that  failure  was 
known,  Morten  Burns,  in  fulfillment  of  his  threat, 
applied  to  the  district  magistrate,  taking  with  Mm 
as  witnesses  one  Larsen,  a  cottager,  and  a  laborer's 
widow  and  daughter,  on  the  strength  of  whose 
testimony  he  declared  his  suspicion  that  the  pastor 
had  slain  his  brother.  The  magistrate  represented 
to  him  the  risk  he  ran  in  making  so  serious  a  charge 
against  the  clergyman,  and  advised  him  to  weigh 
the  matter  well  before  it  was  too  late.  But  Morten 
persisted  in  his  design,  and  the  statements  of  the 
witnesses  were  taken  down.  The  widow  Karsten 
deposed,  that  on  the  very  day  when  Niels  Bruns 
was  said  to  have  fled  from  the  parsonage,  she  and 
her  daughter  Else  had  passed  by  the  pastor's  garden 
about  the  hour  of  noon.  When  they  were  nearly 
in  front  of  the  hedge  which  encloses  it  on  the  eastern 
side,  they  heard  some  one  calling  Else.  It  was 
iSiels,  who  was  on  the  other  side  of  the  hazel  bushes, 
and  who  now  bent  back  the  branches,  and  asked 
Else  if  she  would  have  some  nuts.  She  took  a 
handful,  and  then  asked  him  what  he  was  doing 
there  3  He  answered,  that  the  pastor  had  ordered 
him  to  dig,  but  that  the  job  did  not  suit  him,  and 
he  preferred  cracking  nuts.     Just  then  they  heard  a 


18  FAMOUS     CASES     OF 

door  in  the  house  open,  and  Niels  said,  "Now, 
listen,  and  you  shall  hear  a  preachment."  Directly 
after  they  heard  (they  could  not  see,  because  the 
hedge  was  too  high  and  too  thick)  how  the  two 
quarreled,  and  how  the  one  paid  the  other  in  kind. 
At  last  they  heard  the  pastor  cry,  ''I  will  beat 
thee,  dog,  until  thou  liest  dead  at  my  feet  !" 
Whereupon  there  were  sounds  as  of  blows,  and 
then  they  heard  Niels  calling  the  pastor  a  rogue 
and  a  hangman.  To  this  the  pastor  made  no  reply ; 
but  they  heard  two  blows,  and  they  saw  the  iron 
blade  of  a  spade  and  part  of  the  handle  swing  twice 
above  the  hedgerow,  but  in  whose  hands  they  could 
not  discern.  After  this  all  was  quiet  in  the  garden, 
and,  somewhat  alarmed  and  excited,  the  widow 
and  her  daughter  hurried  on  their  way. 

Larsen  disposed  that  on  the  evening  of  the  day 
fallowing  that  of  the  disappearance  of  Niels,  as  he 
was  returning  home  very  late  from  Tolstrup,  and 
was  passing  along  the  footpath  which  flanks  the 
southern  side  of  the  pastor's  garden,  he  heard  from 
within  the  garden  the  sound  of  some  one  digging 
the  earth.  At  first  he  was  rather  startled  ;  but  see- 
ing that  it  was  clear  moonlight,  he  determined  to 
find  out  who  it  was  that  was  working  in  the  garden 
at  that  late  hour  ;    whereupon  he  slipped  off  his 


CIRCUMSTANTIAL    EVIDENCE.  19 

wooden  shoes,  climbed  up  the  hedge,  and  parted 
the  tops  of  the  hazel  bushes  so  as  to  enable  himself 
to  see.  Then  he  saw  the  pastor  in  the  green  dressing- 
gown  he  usually  wore,  and  with  a  white  night-cap 
on  his  head,  busied  in  leveling  the  earth  with  a 
spade  ;  but  more  than  this  he  did  not  see,  for  the 
pastor  turned  suddenly  round  as  if  some  sound 
had  struck  his  ear,  and  witness  being  afraid  of  de- 
tection, let  himself  down,  and  ran  away. 

When  the  witnesses  had  thus  disposed,  Morten 
demanded  that  the  parson  should  be  arrested. 
Wishing  to  avoid  such  a  scandal  if  possible,  the 
magistrate,  who  was  a  friend  of  Soren's,  proposed 
that  they  should  go  together  to  the  parsonage, 
where  they  would  probably  receive  a  satisfactory 
explanation  of  the  facts  deposed  to.  Morten  con- 
sented to  this,  and  the  party  set  out.  On  approach- 
ing the  house  they  saw  Soren  coming  to  meet  them 
— when  Morten  ran  forward,  and  bluntly  accused 
him  of  murdering  his  brother,  adding  that  he  was 
come  with  the  magistrate  to  make  search  for  the 
body.  The  pastor  made  him  no  reply,  but  courte- 
ously greeting  the  magistrate,  gave  directions  to 
the  farm  servants,  who  now  gathered  round,  to  aid 
by  all  the  means  in  their  power  the  search  about 
to  be  made.     Morten  led  the  way  into  the  garden, 


FAMOUS     CASES    OF 


and  after  looking  round  for  some  time,  pointed  to 
a  certain  spot  and  called  upon  the  men  to  dig 
there.  The  men  fell  to  work,  and  Morten  joined 
them,  working  with  a  show  of  frantic  eagerness. 
When  they  had  dug  to  a  little  depth  the  ground 
proved  so  hard  that  it  was  evident  it  had  not  been 
broken  up  for  a  long  while.  Soren  had  looked  on 
quite  at  ease,  and  now  he  said  to  Morten,  "  Slanderer, 
what  have  you  got  for  your  pains?"  Instead  of 
replying,  Morten  turned  to  Larsen,  and  asked  him 
where  it  was  that  he  had  seen  the  parson  digging. 
Larsen  pointed  to  a  heap  of  cabbage  stalks,  dried 
haulms,  and  other  refuse,  and  said  he  thought  that 
was  the  place.  The  rubbish  was  soon  removed,  and 
the  men  began  digging  at  the  soil  beneath.  They 
had  not  dug  long,  when  one  of  them  cried  out, 
"Heaven  preserve  us!"  and  as  all  present  crowd- 
ed to  look,  the  crown  of  a  hat  was  visible  above 
the  earth.  "That  is  Kiel's  hat!"  cried  Morten, 
"I  know  it  well — here  is  a  security  we  shall  find 
'him!  Dig  away!"  he  shouted  with  fierce  energy, 
and  was  almost  as  eagerly  obeyed.  Soon  an  arm 
appeared,  and  in  a  few  minutes  the  entire  corpse 
was  disinterred.  There  could  be  no  doubt  that  it 
was  the  missing  man.  The  face  could  not  be  re- 
cognized, for  decomposition    had    commenced,    and 


CIRCUMSTANTIAL    EVIDENCE.  .   21 

the  features  had  been  injured  by  blows  ;  but  all  Iris 
clothes,  even  unto  his  shirt  with  his  name  on  it, 
were  identified  by  his  fellow  servants ;  even  a  leaden 
ring  in  the  left  ear  of  the  corpse  was  recognized  as 
one  which  Mels  had  worn  for  years. 

There  was  no  alternative  but  to  arrest  the  pastor 
on  the  spot — indeed,  he  willingly  surrendered  him- 
self, merely  protesting  his  innocence.  "Appearances 
are  against  me,"  he  said;  "surely  this  must  be  the 
work  of  Satan  and  his  ministry ;  but  He  still  lives 
who  will  at  his  pleasure  make  my  innocence  mani- 
fest. Take  me  to  prison ;  in  solitude  and  in  chains 
I  will  await  what  He  in  his  wisdom  shall  decree." 

The  pastor  was  removed  to  the  goal  at  Grenaee 
the  same  night,  and  on  the  following  day  came  the 
judicial  examination.  The  first  three  witnesses  con- 
firmed their  former  statements  on  oath.  Moreover, 
there  now  appeared  three  additional  witnesses,  viz  : 
the  pastor's  two  farm  servants  and  the  dairymaid. 
The  two  former  explained  how  on  the  day  of  the 
murder  they  had  been  sitting  near  the  open  window 
in  the  servant's  room,  and  had  heard  distinctly  how 
the  pastor  and  the  man  Neils  were  quarreling,  and 
how  the  former  had  cried  out,  "I  will  slay  thee, 
dog  !  thou  shaft  lie  dead  at  my  feet ! "  They 
added  that  they  had  twice  before  heard  the  pastor 


FAMOUS    CASES     OF 


threaten  Niels  with  the  like.  The  dairymaid  de- 
posed that  on  the  night  when  Larsen  saw  the  pas- 
tor in  the  garden,  she  was  lying  awake  in  bed, 
and  heard  the  door  leading  from  the  passage  into 
the  garden  creak ;  and  that  when  she  rose  and 
peeped  ont,  she  saw  the  pastor,  in  his  dressing- 
gown  and  night-cap,  go  ont  into  the  garden.  What 
he  did  there  she  saw  not ;  bnt  abont  an  hour  after- 
wards she  again  heard  the  creaking  of  the  door. 

When  asked  what  he  had  to  say  in  his  de- 
fense, the  pastor  replied  solemnly,  "So  help  me 
God,  I  will  say  nothing  bnt  the  truth.  I  struck 
deceased  with  the  spade,  but  not  otherwise  than 
that  he  was  able  to  run  away  from  me,  and  out  of 
the  garden ;  what  became  of  him  afterwards,  or 
how  he  came  to  be  buried  in  my  garden,  I  know 
not.  As  for  the  evidence  of  Larsen  and  the  dairy- 
maid, who  say  that  they  saw  me  in  the  garden  in  the 
night,  it  is  either  a  foul  lie  or  it  is  a  hellish  delu- 
sion. Miserable  man  that  I  am !  I  have  no  one 
on  earth  to  speak  in  my  defense — that  I  see  clearly  ; 
if  He  in  heaven  likewise  remains  silent,  I  have  only 
to  submit  to  His  inscrutable  will." 

When,  some  weeks  later,  the  trial  came  on, 
two  more  fresh  witnesses  were  produced.  They  de- 
clared that  on  the  oft-mentioned  night  they  were  pro- 


CIRCUMSTANTIAL  EVIDENCE.  23 

ceeding  along  the  road  which  runs  from  the  pastor's 
garden  to  the  wood,  when  they  met  a  man  carry- 
ing a  sack  on  his  back,  who  passed  them  and 
walked  on  in  the  direction  of  the  garden.  His  face 
they  could  not  see,  inasmuch  as  it  was  concealed  by 
the  overhanging  sack  ;  but  as  the  moon  was 
shining  on  his  back,  they  could  plainly  descry  that 
he  was  clad  in  a  pale  green  coat  and  a  white  night- 
cap. He  disappeared  near  the  pastor's  garden 
hedge.  No  sooner  did  the  pastor  hear  the  evidence 
of  the  witness  to  this  effect  than  his  face  turned  an 
ashy  hue,  and  he  cried  out  in  a  faltering  voice,  "1 
am  fainting!"  and  was  so  prostrated  in  body  that 
he  had  to  be  taken  back  to  prison.  There,  after 
a  period  of  severe  suffering,  to  the  intense  astonish- 
ment of  every  one,  he  made,  to  his  friend,  the  dis- 
trict magistrate  who  had  first  arrested  him,  the  fol- 
lowing strange  confession: — "From  my  childhood, 
as  far  back  as  I  can  remember,  I  have  ever  been 
passionate,  quarrelsome,  and  proud — impatient  of 
contradiction,  and  ever  ready  with  a  blow.  Yet 
have  I  seldom  let  the  sun  go  down  on  my  wrath,  nor 
have  I  borne  ill-will  to  any  one.  When  but  a  lad 
I  slew  in  anger  a  dog  which  one  day  ate  my  dinner, 
which  I  had  left  in  his  way.  When,  as  a  student,  1 
went  on  foreign  travel,  I  entered,  on  slight  provoca- 


24  FAMOUS     CASES    OF 

tion,  into  a  broil  with  a  German  youth  in  Leipsic, 
challenged  him,  and  gave  him  a  wound  that  endan- 
gered his  life.  For  that  deed,  I  feel  it,  I  merited 
that  which  has  now  come  upon  me  after  long  years  ; 
but  the  punishment  falls  upon  my  sinful  head  with 
tenfold  weight  now  that  I  am  broken  down  with  age, 
a  clergyman,  and  a  father.  Oh,  Father  in  heaven ! 
it  is  here  that  the  wound  is  sorest." 

After  a  pause  of  anguish,  he  continued:  "  I  will 
now  confess  the  crime  which  no  doubt  I  have  com- 
mitted, but  of  which  I  am,  nevertheless,  not  fully 
conscious.  That  I  struck  the  unhappy  man  with  the 
spade  I  know  full  well,  and  have  already  con- 
fessed ;  whether  it  were  with  the  flat  side  or  with  the 
sharp  edge  I  could  not  in  my  passion  discern  ; 
that  he  then  fell  down,  and  afterwards  again  rose 
up  and  ran  away — that  is  all  that  I  know  to  a 
surety.  What  follows — heaven  help  me  ! — four  wit- 
nesses have  seen ;  namely,  that  I  fetched  the 
corpse  from  the  wood  and  buried  it ;  and  that  this 
must  be  substantially  true  I  am  obliged  to  believe, 
and  I  will  tell  you  wherefore.  Three  or  four  times 
in  my  life,  that  I  know  of,  it  has  happened  to  me 
to  walk  in  my  sleep.  The  last  time  (about  nine  years 
ago),  I  was  next  day  to  preach  a  funeral  sermon 
over  the  remains  of  a  man  who  had  unexpectedly 


CIRCUMSTANTIAL    EVIDENCE.  25 

met  with  a  dreadful .  death.  I  was  at  a  loss  for  a 
text,  when  the  words  of  a  wise  man  among  the 
ancient  Greeks  suddenly  occurred  to  me,  '  Call  no 
man  happy  until  he  be  in  his  grave.'  To  use  the 
words  of  a  heathen  for  the  text  of  a  Christian  dis- 
course, was  not,  meth  ought,  seemly ;  but  I  then 
remembered  that  the  same  thought,  expressed  in 
well-nigh  the  same  terms,  was  to  be  met  with  some- 
where in  the  Apocrypha.  I  sought,  and  sought,  but 
could  not  find  the  passage.  It  was  late,  I  was 
wearied  by  much  previous  labor  ;  I  therefore  went  to 
bed,  and  soon  fell  asleep.  Greatly  did  I  marvel  the 
next  morning  when,  on  arising  and  seating  myself 
at  my  writing  desk,  I  saw  before  me,  written  in 
large  letters  in  a  piece  of  paper,  '  Let  no  man  be 
deemed  happy  before  his  end  cometh  (Syrach  xi. 
34).'  But  not  this  alone  ;  I  found  likewise  a  funeral 
discourse — short,  but  as  well  written  as  any  I  had 
ever  composed — and  all  in  my  own  handwriting. 
In  the  chamber  none  other  than  I  could  have  been. 
I  knew,  therefore,  who  it  was  that  had  written  the 
discourse  ;  and  that  it  was  no  other  than  myself. 
Not  more  than  half  a  year  previous,  I  had,  in  the 
same  marvelous  state,  gone  in  the  night  time  into  the 
church,  and  fetched  away  a  handkerchief  which  I 
had  left  in  the  chair  behind  the  altar.     Mark  now— 


26  FAMOUS    CASES    OF 

when  the  two  witnesses  this  morning  delivered 
their  evidence  before  the  court,  then  my  previous 
sleep-walkings  suddenly  flashed  across  me ;  and 
I  likewise  called  to  mind  that  in  the  morning 
after  the  night  during  which  the  corpse  must  have 
been  buried,  I  had  been  surprised  to  see  my  dressing- 
gown  lying  on  the  floor  just  inside  the- door,  whereas 
it  was  always  my  custom  to  hang  it  on  a  chair 
by  my  bedside.  The  unhappy  victim  of  my  un 
bridled  passion  must,  in  all  likelihood,  have  fallen 
down  dead  in  the  wood  ;  and  I  must  in  my  sleep- 
walking have  followed  him  thither.  Yes — the  Lord 
have  mercy  ! — so  it  was,  so  it  must  have  been." 

On  the  following  day  sentence  of  death  was 
passed  upon  the  prisoner — a  sentence  which  many 
felt  to  be  too  severe,  and  which  led  to  a  friendly  con- 
spirac}^  on  his  behalf ;  and  had  it  not  been  for  his 
own  refusal  to  be  a  party  to  anything  unlawful,  he 
might  have  escaped.  The  jailer  was  gained  over, 
and  a  fisherman  had  his  boat  in  readiness  for  a  flight 
to  the  Swedish  coast,  where  he  would  have  been 
beyond  the  reach  of  danger.  But  Soren  Qvist  refused 
to  flee.  He  longed,  he  said,  for  death  ;  and  he  would 
not  add  a  new  stain  to  his  reputation  by  a  furtive 
flight.  He  maintained  his  strength  of  mind  to  the 
last,   and  from  the  scaffold  he  addressed  to  the  by- 


CIRCUMSTANTIAL     EVIDENCE.  27 

standers  a  discourse  of  much  power,  wliicli  he  had 
composed  in  prison  during  his  last  days.  It  treated 
of  anger  and  its  direful  consequences,  with  touching 
allusions  to  himself  and  the  dreadful  crime  to  which 
his  anger  misled  him.  Thereafter,  he  doffed  his 
coat,  bound  with  his  own  hands  the  napkin  before 
his  eyes,  and  submitted  his  neck  to  the  execu- 
tioner's sword. 

One-and-twenty  years  after  the  pastor,  Soren  Qvist 
of  Veilby,  had  been  accused,  tried,  condemned, 
and  executed  for  the  murder  of  his  serving-man,  an 
old  beggarman  applied  for  alms  to  the  people  of 
Aalsoe,  the  parish  adjoining  to  Veilby.  Suspi- 
cions were  aroused  by  the  exact  likeness  the  beggar- 
man  bore  to  Morten  Bruns,  of  Ingvorstrup,  who  had 
lately  died,  and  also  by  the  curious  and  anxious  in- 
quiries the  man  made  concerning  events  long  past. 
The  pastor  of  Aalsoe,  who  had  buried  Morten  Bruns, 
took  the  vagabond  to  his  parsonage,  and  there  the 
fellow,  all  unconscious  of  the  portentous  nature 
of  the  admission,  acknowledged  that  he  was  Niels 
Bruns,  the  very  man  for  whose  supposed  murder  the 
pastor  had  suffered  the  shameful  death  of  a  crimi- 
nal. Had  his  brother  Morten  survived  him,  it  is 
pretty  certain  the  truth,  concealed  so  long,  had  never 
been  known,  as  Niels  had  only  returned  to  the  dis- 


28  FAMOUS    CASES    OF 

trict  in  the  hope  of  profiting  by  Morten's  death, 
the  news  of  which  had  accidentally  reached  him.  He 
professed — and,  indeed,  plainly  experienced — the  ut- 
most horror  on  hearing  the  dreadful  history  of 
the  pastor's  cruel  fate.  It  was  all  Morten's  doing,  he 
said ;  but  he  was  so  overcome  by  the  terrible  nar- 
rative that  he  could  scarcely  gather  strength  to  reply 
to  the  questions  put  to  him.  The  result  of  his  exam 
ination  and  confession  may  be  summed  up  very 
briefly.  Morten  had  conceived  a  mortal  hatred  of 
Soren  Qvist  from  the  time  that  he  refused  him  his 
daughter,  and  had  determined  on  revenge.  It  was  he 
who  compelled  Niels  to  take  service  with  the  pas- 
tor ;  he  had  spurred  him  on  to  the  repeated 
offenses,  in  the  expectation  that  violence  would 
result,  owing  to  the  pastor' s  hasty  temper ;  and  had 
carefully  nursed  the  feud  which  soon  arose  between 
master  and  man.  Niels  told  him  daily  all  that  took 
place.  On  leaving  the  garden  on  that  fatal  day,  he 
had  run  over  to  Ingvorstrup  to  acquaint  his  brother 
with  what  had  happened.  Morten  shut  him  up  in  a 
private  room  that  no  one  might  see  him.  Shortly 
after  midnight,  when  the  whole  village  was  asleep, 
the  two  brothers  went  to  a  place  where  the  roads 
cross  each  other  and  where  two  days  previously  a 
suicide  had   been   buried  —a  young    man   of   about 


CIRCUMSTANTIAL    EVIDENCE.  29 

Niels'  age  and  stature.  In  spite  of  Niels'  reluctance 
and  remonstrance  they  dug  up  the  corpse  and  took  it 
into  Morten's  house.  Niels  was  made  to  strip  and 
don  a  suit  of  Morten's,  and  the  corpse  was  clad, 
piece  by  piece,  in  Niels'  cast-off  clothes,  even  to  the 
very  ear-ring.  Then  Morten  battered  the  dead  face 
with  a  spade,  and  hid  it  in  a  sack  until  the  next 
night,  when  they  carried  it  into  the  wood  by  Veilby 
parsonage.  Niels  asked  what  all  these  preparations 
meant.  Morten  told  him  to  mind  his  own  business, 
and  to  go  and  fetch  the  parson's  green  dressing- 
gown  and  cap.  This  Niels  refused  to  do,  where- 
upon Morten  went  and  fetched  them  himself.*  "And 
now,"  he  said  to  his  brother,  "you  go  your  way. 
Here  is  a  purse  with  a  hundred  dollars — make  for  the 
frontier,  where  no  one  knows  thee ;  pass  thyself 
under  another  name,  and  never  set  thy  foot  on 
Danish  soil  again  as  thou  wouldst  answer  it  with 
thy  life  !  "  Niels  did  as  he  was  commanded,  and 
parted  from  Morten  forever.  He  had  enlisted  for  a 
soldier,  had  suffered  great  hardships,  had  lost  a  limb, 
and  had  returned  to  his  native  place  a  mere  wreck. 

*  It  was  not  the  custom  in  Jutland,   in  those  days — it  is  hardly 
the  custom  now — to  lock  up  the  house  at  night. 


30  FAMOUS    CASES    OF 


V. 

Case  of  Thomas  Geddely. 
Thomas  Geddely  was  a  waiter  in  a  public  house 
kept  by  a  Mrs.  Williams  at  York,  and  much  fre- 
quented. The  landlady  was  a  bustling  woman,  a 
favorite  with  her  customers,  and  had  the  reputation 
of  being  well-to-do.  One  morning  it  was  found  that 
her  scrutoire  had  been  broken  open  and  rifled  of  a 
considerable  sum  ;  and  as  on  that  same  morning 
Thomas  Geddely  did  not  make  his  appearance,  every- 
body concluded  that  he  was  the  robber.  A  year 
afterwards,  or  thereabouts,  a  man  came  to  York  who, 
under  the  name  of  James  Crow,  plied  for  employ- 
ment as  a  porter,  and  thus  picked  up  a  scanty  living 
for  a  few  days.  Meanwhile,  from  his  unlucky  like- 
ness to  Geddely  he  began  to  be  mistaken  for  the  thief. 
Many  people  addressed  him  as  Tom  Geddely,  and 
when  he  declared  that  he  did  not  know  them,  that 
his  name  was  James  Crow,  and  that  he  had  never 
lived  in  York  before,  they  would  not  believe  him, 
and  attributed  his  denial  to  his  natural  desire  to 
escape  the  consequences  of  the  robbery  he  had  com- 
mitted at  the  public  house. 


CIRC  VMS TANTIAL    E  VIDENCE.  3 1 

When  subsequently  his  mistress  was  sent  for,  she 
singled  him  out  from  a  number  of  people,  and  calling 
him  Geddely,  upbraided  him  with  his  ingratitude, 
and  charged  him  with  robbing  her.  When  dragged 
before  the  justice  of  the  peace,  and  examined  in  his 
presence,  the  man  affirmed,  as  stoutly  as  any  man 
could,  that  his  name  was  not  Geddely,  that  he  had 
never  known  any  person  of  that  name,  that  he  had 
never  in  his  life  lived  in  York  before,  and  that  his 
name  was  James  Crow.  He  could  not,  however,  get 
any  one  else  to  substantiate  his  affirmations ;  he 
could  give  but  a  poor  account  of  himself,  but  was 
forced  to  admit  that  he  led  a  vagabond  life — and  as 
the  landlady  and  others  swore  positively  to  his  per- 
son, he  was  committed  to  jail  at  York  Castle  to 
await  his  trial  at  the  next  assizes.  When,  in  due 
time,  the  trial  came  on,  he  pleaded  "not  guilty,"  and 
denied  as  before  that  he  was  the  person  he  was  taken 
for ;  but  the  landlady  of  the  inn  and  several  other 
witnesses  swore  positively  that  he  was  the  identical 
Thomas  Geddely  who  was  waiter  when  she  was 
robbed  ;  while  a  servant  girl  deposed  that  she  had  seen 
him  on  the  very  morning  of  the  robbery  in  the  room 
where  the  scrutoire  was  broken  open,  with  a  poker  in 
his  hand.  As  the  prisoner  had  nothing  to  urge 
against  the  evidence  but  a  simple  denial,  and  as  lie 


32  FAMOUS    CASES     OF 

could  not  prove  an  alibi,  he  was  found  guilty  of  the 
robbery,  was  condemned  to  death,  and  executed. 
He  persisted  to  his  latest  breath  in  affirming  that  he 
was  not  Thomas  Geddely,  and  that  his  name  was 
Crow. 

The  truth  of  the  poor  fellow's  declaration  was 
established  all  too  late.  Not  long  after  Crow's 
unjust  punishment,  the  real  Thomas  Geddely,  who, 
after  the  robbery,  had  fled  from  York  to  Ireland,  was 
taken  up  in  Dublin  for  a  crime  of  the  same  stamp, 
and  there  condemned  and  executed.  Between  his 
conviction  and  execution,  and  again  at  the  fatal  tree, 
he  confessed  himself  to  be  the  very  Thomas  Geddely 
who  had  committed  the  robbery  at  York  for  which 
the  unfortunate  James  Crow  had  suffered.  A  gentle- 
man, a  native  of  York,  who  happened  to  be  at 
Dublin  at  the  time  of  Geddely' s  trial  and  execution, 
and  who  knew  him  when  he  lived  with  Mrs.  Wil- 
liams, declared  that  the  resemblance  between  the  two 
men  was  so  remarkable  that  it  was  next  to  impossible 
to  distinguish  their  persons  assunder. 


CIRCUMSTANTIAL     EVIDENCE.  33 


VI. 

Case     of     Joseph      Lesurques. 

One  of  the  most  lamentable  cases  of  mistaken 
identity  was  that  of  Lesurques,  the  history  of  which 
may  be  summed  up  as  follows  : 

In  the  month  of  April,  1796,  a  young  man  named 
Joseph.  Lesurques  arrived  in  Paris  from  Douai,  his 
native  town.  He  was  thirty- three  years  of  age.  and 
possessed  a  fortune  equal  to  six  hundred  pounds  a 
year.  He  hired  apartments,  and  made  preparations 
for  residing  permanently  in  Paris.  One  of  his  first 
cares  was  to  repay  one  Guesno,  of  Douai,  two  thou- 
sand francs  he  had  borrowed  of  him.  On  the  follow- 
ing day  Guesno  invited  Lesurques  to  breakfast. 
They  accordingly  went  to  a  refreshment  room,  in 
company  with  two  other  persons,  one  of  whom, 
named  Couriol,  happened  to  call  just  as  they  were 
sitting  down  to  table.  After  breakfast  they  pro- 
ceeded to  the  Palais  Royal,  and  having  taken  cofi'e*', 
separated.  Four  days  afterwards,  four  horsemen, 
mounted  on  hired  horses,  were  seen  to  drive  out  of 
Paris.  They  all  wore  long  cloaks  and  sabres  hang- 
ing from  the  waist.  One  of  the  party  was  Couriol. 
3 


34  FAMOUS     CASES     OF 

Between  twelve  and  one  o'clock  the  four  horsemen 
arrived  at  the  village  of  Mongeron,  on  the  road  to 
Melun.  There  they  dined,  and  then  proceeded  at  a 
foot  pace  towards  Lieursaint.  They  reached  Lieur- 
saint  about  three  in  the  afternoon,  and  made  a  long 
halt  at  the  inn,  amusing  themselves  with  billiards, 
and  one  of  them  having  his  horse  shod.  At  half- 
past  seven  they  remounted  and  rode  off  towards 
Melun.  About  an  hour  later  the  mail  courier  from 
Paris  to  Lyons  arrived  to  change  horses.  It  was  then 
half-past  eight,  and  the  night  had  been  for  some  time 
dark.  The  courier,  having  changed  horses,  set  out  to 
pass  the  long  forest  of  Leuart.  The  mail  at  this 
period  was  a  sort  of  post-chaise,  with  a  large  trunk 
behind  containing  the  dispatches.  There  was  one 
place  only  open  to  the  public,  at  the  side  of  the 
courier ;  and  the  place  was  occupied  on  that  day  by 
a  man  about  thirty  years  of  age,  who  had  that  morn- 
ing taken  it  in  the  name  of  Laborde. 

The  next  morning  the  mail  was  found  rifled,  the 
courier  dead  in  his  seat,  and  the  postilion  lying  dead 
in  the  road — both  being  evidently  slain  with  sabres. 
One  horse  only  was  found  near  the  carriage.  The 
mail  had  been  robbed  of  seventy -five  thousand  livres 
in  silver  and  bank  bills.  The  officers  of  justice  soon 
discovered  that  five  persons  had  passed  through  the 


CIRCUMSTANTIAL    EVIDENCE.  35 


barrier  on  tlieir  way  to  Paris  between  four  and  five  in 
the  morning  after  the  murders.  The  horse  of  the 
postilion  was  found  wandering  about  the  Place 
Royale  ;  and  they  ascertained  that  four  horses,  cov- 
ered with  foam  and  quite  exhausted,  had  been 
brought,  about  five  in  the  morning,  to  a  man  named 
Muiron,  Rue  des  Fosses,  Saint  Germain  l'Auxerrois, 
by  two  persons  who  had  hired  them  the  day  before. 
These  two  persons  were  named  Bernard  and  Couriol. 
Bernard  was  immediately  arrested  ;  Couriol  escaped. 
A  description  was  obtained  of  the  four  who  had 
ridden  from  Paris  and  stopped  at  Mongeron  and 
Lieursaint,  and  also  of  the  man  who  had  taken  his 
place  with  the  courier  under  the  name  of  Laborde. 
Couriol  was  traced  to  Chateau  Thierry,  where  he  was 
arrested,  together  with  Guesno,  the  Douai  carrier, 
and  one  Bruer,  who  happened  to  be  in  the  same 
house.  Guesno  and  Bruer  proved  alibis  so  clear] y 
that  they  were  discharged  on  arriving  at  Paris. 

The  magistrate,  after  discharging  Guesno,  told 
him  to  apply  at  his  office  the  next  morning  for  the 
return  of  his  papers,  which  had  been  seized  at 
Chateau  Thierry;  at  the  same  time  he  had  sent  a 
police  officer  to  Mongeron  and  Lieursaint  to  fetch  the 
witnesses,  of  whom  he  gave  a  list.  Guesno,  being 
desirous  to  obtain  his  papers  as  soon  as  possible,  left 


3  6  FAMOUS    CASES    OF 

home  the  next  day  earlier  than  usual.  On  his  way  to 
the  office  he  met  Lesurques,  who  consented  to  ac- 
company him.  They  went  to  the  office,  and  as  Dau- 
benton,  the  Juge-de-Paix,  had  not  yet  arrived,  they 
sat  down  in  the  antechamber  to  await  his  arrival. 
About  two  o'clock  the  Juge-de-Paix,  who  had  entered 
his  room  by  a  back  door,  was  thunderstruck  on  being 
told  by  the  police  officer  who  had  come  back  with  the 
witnesses,  that  two  of  them  declared  that  two  of  the 
actual  murderers  were  in  the  house.  "Impossible  ! " 
he  exclaimed,  "guilty  men  would  not  voluntarily 
venture  here."  Not  believing  the  statement  he 
ordered  the  two  women  to  be  introduced  separately  ; 
and  examined  each  of  them,  when  they  repeated 
their  statement  and  declared  they  could  not  be 
mistaken.  Warning  them  solemnly  that  life  and 
death  depended  on  their  truth,  he  had  the  accused 
brought  into  the  room  one  by  one,  and  after  convers- 
ing with  them  sent  them  again  to  the  antechamber 
where  they  waited  as  before.  When  they  had  left 
the  room  the  magistrate  again  asked  the  women  if 
they  persisted  in  their  previons  declarations.  They 
did  persist ;  their  evidence  was  taken  down  in  writ- 
ing ;  and  the  two  friends  were  immediately  arrested. 
No  time  was  lost  in  pushing  on  the  prosecution. 
Seven  persons  were  put  upon  their  trial,  amongst 


CIRCUMSTANTIAL    EVIDENCE.  37 

whom  were  Couriol,  Madeline  Breban  (his  mistress), 
Lesurques,  and  Guesno.  Lesurques  was  sworn  tc 
most  positively  by  several,  as  being  one  of  the  party, 
at  different  places  on  the  road,  on  the  day  of  the 
robbery  and  murder.  It  should  be  born  in  mind  that 
the  case  was  quite  conclusive  against  Couriol.  "I 
attended  them  (said  one  witness)  at  dinner  at  Mon- 
geron  ;  this  one  (Lesurques)  wanted  to  pay  the  bill  in 
assignats,  but  the  tall  dark  one  (Couriol)  paid  it  in 
silver."  A  stable  boy  at  Mongeron  also  identified 
him.  A  woman  named  Alfroy,  of  Lieursaint,  and 
the  innkeeper  and  his  wife  of  the  same  place,  all 
recognized  him  as  of  the  party  there — Lesurques 
declaring  that  he  had  never  been  present  at  either 
place.  But  the  witnesses  were  positive,  were  unim- 
peached,  were  believed,  and — were  all  mistaken. 
Lesurques  and  Couriol  were  convicted,  Guesno. 
though  as  positively  sworn  to,  proved  his  perfect 
innocence,  and  was  acquitted.  Lesurques  called 
fifteen  persons  of  known  probity  to  prove  an  alibi, 
which  was  disbelieved  in  consequence  of  the  folly  of 
one  of  them,  who  falsified  an  entry  in  his  book  with 
the  design  of  adding  weight  to  the  evidence  in  Lesur- 
qups's  favor,  but  did  it  so  clumsily  that  the  falsifica- 
tion was  discovered.  Eighty  persons  of  all  classes 
declared    the    character  of    Lesurques    to    be    irre- 


38  FAMOUS    CASES    OF 

proacliable  ;  but  all  was  of  no  avail — he  was  con- 
demned. 

When  the  sentence  was  pronounced,  rising  from 
his  place,  he  calmly  said— "I  am  innocent  of  the 
crime  imputed  to  me.  Ah,  citizens !  if  murder  on 
the  highway  be  atrocious,  it  is  not  less  a  crime  to 
execute  an  innocent  man." 

Madeline  Breban,  though  compromising  herself, 
wildly  exclaimed — "Lesurques  is  innocent  —  he  is 
the  victim  of  his  fatal  likeness  to  Dubosq." 

Couriol  then,  addressing  the  judges,  said — "lam 
guilty  ;  I  acknowledge  my  crime  ;  my  accomplices 
were  Yidal,  Eossi,  Durochat,  and  Dubosq  ;  but 
Lesurques  is  innocent." 

After  the  sentence  had  been  pronounced,  the 
horror-stricken  Madeline  again  presented  herself  be- 
fore the  judges  to  reiterate  her  declaration,  and  two 
other  witnesses  attested  to  her  having  told  them  so 
before  the  trial.  The  judges  applied  to  the  Directory 
for  a  reprieve  ;  and  the  Directory  applied  to  the 
Council  of  Five  Hundred,  requesting  instructions  for 
their  guidance,  and  concluding  with  the  emphatic 
question— "  Ought  Lesurques  to  die  on  the  scaffold 
because  he  resembles  a  criminal  ? "  The  answer  was 
prompt:  "The  jury  had  legally  sentenced  the  ac- 
cused, and  the  right  of  pardon  had  been  abolished." 


CIRCUMSTANTIAL     EVIDENCE.  39 

Left  to  his  fate,  poor  Lesurques  on  the  morning 
of  his  execution  thus  wrote  to  his  wife: — "My  deai 
friend,  we  cannot  avoid  our  fate.  I  shall,  at  any 
rate,  endure  mine  with  the  courage  which  becomes 
a  man.  I  send  some  locks  of  my  hair.  When  raj 
children  are  older,  divide  it  with  them.  It  is  the 
only  thing  that   I   can   leave    them." 

Couriol  had  disclosed  to  Lesurques  the  history 
of  Dubosq,  and  the  fatal  mistake  which  had  been 
made,  and  accordingly,  on  the  eve  of  his  death,  he 
had  the  following  mournful  letter  inserted  in  the 
journals:  "Man,  in  whose  place  I  am  to  die,  be 
satisfied  with  the  sacrifice  of  my  life ;  if  you  be  ever 
brought  to  justice,  think  of  my  three  children 
covered  with  shame,  and  of  their  mother's  despair, 
and  do  not  prolong  the  misfortunes  of  so  fatal  a 
resemblance." 

On  the  10th  of  March,  1797,  Lesurques  went  to 
the  place  of  execution  dressed  completely  in  white, 
as  a  symbol  of  his  innocence.  On  the  way  from  the 
prison  to  the  place  of  execution,  Couriol,  who  wras 
seated  in  the  car  beside  him,  cried  in  a  loud  voice, 
addressing  the  people,  "I  am  guilty;  but  Lesurques 
is  innocent.1'  On  reaching  the  scaffold,  Lesurques 
gave  himself  up  to  the  executioners,  and  died  pro- 
testing  his   innocence. 


4o  FAMOUS    CASES    OF 

In  consequence  of  his  own  misgivings,  and  of 
murmurs  on  the  part  of  the  public,  Daubenton,  the 
Juge-de-Paix,  who  had  arrested  Lesurques,  and 
conducted  the  first  proceedings,  resolved  to  investi- 
gate the  truth,  which  could  only  be  satisfactorily 
done  through  the  arrest  and  trial  of  the  four  per- 
sons denounced  by  Couriol  as  his  accomplices. 
Two  years  elapsed  in  vain  inquiries.  At  the  end 
of  that  time,  he  discovered  that  Durochat — the 
man  who,  under  the  name  of  Laborde,  had  taken 
the  place  by  the  side  of  the  courier— had  been 
arrested   for  a  robbery,  and  lodged  in  St.   Pelagie. 

When  the  trial  of  the  villain  came  on,  he  was, 
through  the  exertions  of  Daubenton,  recognized  by 
the  inspector  of  the  mails  as  the  man  who  traveled 
with  the  courier  on  the  day  of  the  assassination. 
When  charged  with  the  fact,  he  made  at  first  some 
faint  denials,  and  subsequently  he  confessed,  relating 
the  particulars  of  the  crime,  all  which  tallied  with  the 
statements  made  by  Couriol.  He  stated  that  Vidal 
had  projected  the  affair,  and  had  communicated  it  to 
him  as  a  restaurant  in  the  Champs  Elysees.  The 
criminals  were  Couriol,  Rossi,  {alias  Beroldy), 
Vidal,  himself,  and  Dubosq.  Dubosq  had  forged 
for  him  the  passport  in  the  name  of  Laborde,  by 
means   of    which    lie    easily    procured    another  foj 


CIRC  UMS  TANTIAL    E  VIDENCE.  4 1 

Lyons,  to  enable  him  to  take  his  place  in  the  mail. 
Bernard  had  supplied  the  four  horses.  They  had 
attacked  the  carriage  as  the  postilion  was  slackening 
his  pace  to  ascend  the  hill.  It  was  he  (Durochat) 
who  had  stabbed  the  courier,  at  the  instant  that 
Rossi  cut  down  the  postilion  with  a  sabre ;  Rossi 
had  then  given  up  his  horse  to  him  (Durochat),  and 
had  returned  to  Paris  on  that  of  the  postilion.  As 
soon  as  they  arrived  there,  they  all  met  at  Dubosq's 
lodgings,  where  they  proceeded  to  divide  the  booty. 
Bernard,  who  had  only  procured  the  horses,  was 
there,  and  claimed  his  share,  and  got  it.  "I  have 
heard,"  he  added,  "that  there  was  a  fellow  named 
Lesurques  condemned  for  this  business ;  but,  to 
tell  the  truth,  I  never  knew  the  fellow,  either  at 
the  planning  of  the  affair,  or  at  its  execution,  or 
at  the  division  of  the   spoil." 

Such  was  Durochat' s  confession  as  taken  down 
in  writing;  he  added  a  description  of  Dubosq, 
stating  that  on  the  day  of  the  murder  he  wore  a 
blonde  wig. 

Shortly  after  the  arrest  of  Durochat,  Yidal  was 
also  arrested.  He  was  recognized  by  the  witnesses 
and  positively  sworn  to,  but  he  denied  everything, 
and  was  sent  to  the  prison  of  La  Seine.  Towards 
the    end   of   the    year    1799,    Dubosq,    having    been 


42  FAMOUS    CASES    OF 

arrested  for  a  robbery  in  the  department  of  Allier, 
was  recognized  in  the  prison  and  brought  to  Ver- 
sailles to  be  tried  at  the  same  time  as  Vidal  before 
the  criminal  tribunal.  It  was  seen  by  the  registers 
that  Dubosq  was  a  thorough  desperado ;  he  had 
been  sentenced  to  the  galleys  for  life,  but  had 
escaped,  and  on  four  several  occasions  had  broken 
prison.  Like  Vidal,  he  denied  everything.  Con- 
fined in  the  same  cell  with  his  old  companion  in 
guilt,  Dubosq  planned  an  escape  ;  but  this  time  he 
broke  his  leg  in  the  attempt— Vidal  alone  getting 
clear  away — to  be  retaken,  however,  after  a  brief  in 
terval,  to  be  brought  back  to  trial — and  to  execution. 
Strange  as  it  may  seem,  Dubosq  had  no  sooner 
recovered  from  his  fracture,  than  he  found  another 
opportunity  of  attempting  an  escape,  and  for  the 
sixth  time  succeeded  in  breaking  his  bonds.  As  he 
could  not  live  without  rapine,  however,  he  fell  again 
into  the  hands  of  the  police  before  the  expiration 
of  a  year,  and  was  brought  before  the  tribunal  at 
Versailles.  The  president  ordered  a  blonde  wig  to 
be  put  on  his  head,  and  thus  attired,  he  was 
recognized  by  the  same  witnesses  who  had  sworn 
away  the  life  of  Lesurques,  who  now  recanted  their 
former  testimony,  and  declared  too  late  that  they 
had   been  mistaken. 


CIRCUMSTANTIAL    EVIDENCE.  43 

After  the  execution  of  Dubosq,  in  Febuary,  1802, 
there  still  remained  one  of  the  accomplices  to  be 
brought  to  justice.  This  man,  Rossi,  whose  real 
name  was  Beroldy,  was  at  length  discovered  near 
Madrid,  and  was  given  up  to  the  French  govern- 
ment. Unlike  Yidal  and  Dubosq,  he  confessed  his 
crimes,  testifying  the  utmost  remorse.  In  the 
declaration,  which  he  confided  to  his  confessor, 
he  affirmed  the  entire  innocence  of  Lesurques ;  but, 
for  a  reason  which  does  not  appear,  made  it  a  con- 
dition that  the  declaration  should  not  be  published 
until   six  months   after  his   death. 

According  to  law,  the  property  of  Lesurques 
had  been  confiscated  on  his  conviction,  and  his 
widow  and  children  reduced  to  indigence.  One 
would  have  thought  that  a  government  which  had 
erred  so  egregiously  as  to  execute  a  man  for  a 
crime  of  which  he  was  not  guilty,  would  have  been 
eager  to  make  what  atonement  was  possible  to  the 
family  of  the  victim.  Nothing  of  the  sort.  The 
widow  and  her  advisers,  relying  on  the  confessions 
of  the  real  criminals,  and  the  retractions  of  the 
witnesses,  applied  for  a  revision  of  the  sentence,  so 
far  as  concerned  Lesurques,  in  order  to  obtain  a 
judicial  declaration  of  his  innocence  and  the  restora- 
tion of  his  property.     All  their  endeavors  were  vain. 


44  FAMOUS     CASES     OF 

The  right  of  revision  no  longer  existed  in  the  French 
code.  Under  the  Directory,  the  Consulate,  and  the 
Restoration,  the  applications  of  the  widow  and 
family  were  equally  unsuccessful.  All  that  they 
could  obtain  was  the  restoration,  in  the  last  two 
years  of  the  elder  Bourbons,  of  a  part  of  the  prop- 
erty sequestrated  at  the  condemnation  of  the  un- 
offending husband  and  father. 


CIRCUMSTANTIAL    EVIDENCE. 


45 


VM. 

Case  of  Thomas  Williams. 
On  the  7th  of  February,  1851,  in  the  dead  of 
night,  the  house  of  David  Williams,  situated  at 
Truasth,  in  the  county  of  Brecknock,  was  broken 
open  by  forcing  the  shutters  and  window  of  an 
outhouse.  Williams,  an  old  man,  who  with  his 
wife  alone  occupied  the  cottage,  was  alarmed  by 
the  noise,  and  going  to  the  head  of  the  stairs,  saw 
by  the  light  of  a  candle  the  person  of  a  man  whom 
he  recognized  as  one  Tom  Williams,  a  blacksmith 
living  in  the  neighborhood,  and  who  had  formerly 
done  some  work  in  the  house.  This  was  only  for 
a  moment,  as  the  light  was  struck  out,  and  the 
burglar  attacked  old  Williams  and  his  wife  in  the 
dark.  However,  they  proved  too  strong  for  him, 
and  compelled  him  to  take  to  flight.  Nothing  was 
stolen,  but  the  drawer  of  a  dresser  in  the  kitchen 
had  been  ransacked,  and  some  papers  of  no  value 
turned  out  of  it.  Tom  Williams,  the  blacksmith, 
was  tried  at  the  following  spring  assizes  at  Brecon 
for  the  burglary,  and  as  the  old  man,  who  had 
known   him   from   his  boyhood,  swore  to  him  posi 


46  FAMOUS     CASES    OF 

tively,  he  was  convicted,  and  sentenced  to  trans- 
portation. Happily  for  him,  however,  a  person 
named  Morris  was  present  at  the  trial,  who,  on 
hearing  the  verdict,  at  once  exculpated  the  con- 
victed man,  and  directed  the  attention  of  the  police 
to  one  Powell,  as  the  real  criminal.  Strict  inquiry 
was  immediately  instituted,  the  result  of  which  was 
that  Powell  was  committed.  He  was  tried  before 
the  late  Mr.  Justice  Talfotted,  and  convicted  on 
evidence  perfectly  conclusive.  It  seems  old  Wil- 
liams had  lent  Powell  six  hundred  pounds  on 
mortgage,  taking  as  security  certain  title  deeds. 
Williams  commenced  proceedings  to  recover  princi- 
pal and  interest,  and  Powell  committed  the  burglary 
to  possess  himself  of  the  documents ;  hence  the 
ransacking  of  the  dresser  drawer  in  which  he  be 
lieved  they  had  been  deposited.  The  blacksmith 
was  of  course  pardoned  on  the  report  of  Mr.  Justice 
Talfoued,  and  was  discharged  in  September.  But 
the  real  criminal  was  also  discharged,  although  his 
guilt  was  clear  as  the  sun  at  noonday.  The  jury 
convicted  him  of  breaking  opeu  the  house  "with 
intent  to  steal  the  title  deeds;"  the  indictment 
charged  his  intent  to  be  to  "  steal  the  goods  and 
chattels."  The  Appeal  Court  held  the  conviction 
bad. 


CIRCUMSTANTIAL  EVIDENCE.  47 


VIM. 

Case  of  Professor  Webster 
A  cuEious  case  of  identification  occurred  about 
twenty  years  ago.  This  was  an  instance  in  which 
the  guilt  of  a  crime  was  brought  home  to  the  per- 
petrator through  the  identifying  of  a  body  after  it 
had  been  separated  limb  from  limb,  submitted  to 
chemical  processes,  and  to  the  inordinate  heat  of  a 
furnace,  and  mingled  with  the  countless  bones  of 
anatomical  subjects  in  their  common  burying- place. 
One  Professor  Webster  was  brought  to  trial  for  the 
murder  of  Dr.  Parkman.  It  was  shown  that  the 
professor  had  urgent  pecuniary  motives  at  the  time 
when  the  crime  was  committed,  to  get  Dr.  Parkman 
out  of  the  way.  The  prisoner  had  a  residence  at 
the  Medical  College,  Boston.  He  made  an  appoint- 
ment to  meet  the  deceased  at  this  place  at  two 
o'clock  on  Friday,  the  23rd  of  November,  1849,  in 
order  to  discuss  certain  money  matters.  Dr.  Park- 
man  was  seen  about  a  quarter  before  two  o'clock 
apparently  about  to  enter  the  Medical  College,  and 
after  that  was  never  again  seen  alive.  The  prisoner 
affirmed  that  Dr.  Parkman  did  not  keep  his  appoint 


48  FAMOUS    CASES     OF 

ment,  and  did  not  enter  the  college  at  all  on  that 
day.  For  a  whole  week  nothing  was  discovered, 
and  when  search  was  made  the  prisoner  interfered 
with  it,  and  threw  hindrances  in  the  way. 

On  the  Friday  week  and  the  day  following  there 
were  found  in  a  furnace  connected  with  the  prison- 
er's laboratory  in  the  college,  fused  together  indis- 
criminately with  the  slag,  the  cinders,  and  the  refuse 
of  the  fuel,  a  large  number  of  bones  and  certain 
blocks  of  mineral  teeth.  A  quantity  of  gold,  which 
had  been  melted,  was  also  found.  Other  bones 
were  found  in  a  vault  under  the  college.  There 
was  also  discovered  in  a  tea-chest,  and  embedded 
in  a  quantity  of  tan,  the  entire  trunk  of  a  human 
body  and  other  bones.  The  parts  thus  collected 
together  from  different  places,  made  the  entire  body 
of  a  person  of  Dr.  Parkman's  age,  about  sixty 
years,  and  the  form  of  the  body  when  reconstructed 
had  just  the  peculiarities  shown  to  be  possessed  by 
Dr.  Parkman.  In  no  single  particular  were  the 
parts  dissimilar  to  these  of  the  deceased,  nor  in  the 
tea-chest  or  the  furnace  were  any  duplicate  parts 
ound  over  and  above  what  was  necessary  to  com 
pose  one  body. 

The  remains   were  further  shown  to  have    been 
separated  by  a  person  possessed  of  anatomical  skill, 


CIRCUMSTANTIAL    EVIDENCE.  49 

though  not  for  anatomical  purposes.  Finally,  three 
witnesses,  dentists,  testified  to  the  mineral  teeth 
found  being  those  made  for  Dr.  Parkman  three 
years  before.  A  mould  of  the  doctor's  jaw  had 
been  made  at  the  time,  and  it  was  produced,  and 
shown  to  be  so  peculiar  that  no  accidental  con- 
formity of  the  teeth  to  the  jaw  could  possibly 
account  for  the  adaptation.  This  last  piece  of  evi- 
dence was  conclusive  against  the  prisoner,  and  he 
was  convicted.  Without  this  closing  proof  the 
evidence  would  certainly  have  been  unsatisfactory. 
The  character  of  the  prisoner,  the  possible  confusion 
throughout  the  college  of  the  remains  of  anatomical 
subjects,  the  undistinguished  features,  and  the  illu- 
siveness  of  evidence  derived  from  the  likeness  of  a 
reconstructed  bod}^  were  all  facts  of  a  nature  to 
substantiate  assumptions  in  favor  of  the  prisoner's 
innocence.  It  is  singular  that  the  block  of  mineral 
teeth  was  only  accidentally  preserved,  having  been 
found  so  near  the  bottom  of  the  furnace  as  to  take 
the  current  of  cold  air,  whose  impact  had  prevented 
the  thorough  combustion  that  would  otherwise  have 
taken  place. 


5o  FAMOUS    CASES    OF 


IX. 

Case  of  William  Harrison. 
On  the  6th  of  August,  1660,  William  Harrison, 
who  was  steward  to  Lady  Campden,  a  person  of 
good  estate  in  Gloucestershire,  left  his  home  in  order 
to  collect  her  rents.  There  happened  to  reside  in 
the  neighborhood  a  humble  family  of  the  name  of 
Perry,  a  mother  and  two  sons,  Joan,  John,  and 
Richard,  of  whom  Joan,  the  mother,  bore  but  an 
indifferent  character,  and  John,  one  of  the  sons,  was 
known  to  be  half-witted.  It  so  happened  that  days 
and  weeks  elapsed,  and  yet  Harrison  did  not  return 
nor  were  any  tidings  heard  of  him.  Of  course,  the 
population  of  the  place  became  excited,  and  rumors 
soon  became  rife  that  he  had  been  robbed  and 
murdered.  From  the  mission  on  which  he  was 
known  to  have  left  his  home,  and  his  prolonged 
absence,  the  suspicion  was  not  unnatural.  The 
alarm  which  ensued,  and  the  numberless  inventions 
which  were  circulated,  are  supposed  to  have  be- 
wildered what  little  intellect  the  poor  idiot  had,  foi 
he  actually  went  before  a  justice  of  the  peace,  and 
solemnly  deposed  to  the  murder  of  Harrison  by  his 


CIRCUMSTANTIAL    EVIDENCE.  51 

brother  Richard,  while  his  mother  and  himself 
looked  on,  and  afterwards  joined  in  robbing  the 
deceased  of  a  hundred  and  forty  pounds.  On 
this  the  whole  three  were  sent  to  prison,  and  at  the 
following  assizes  were  doubly  indicted  for  the  rob- 
bery and  the  murder.  The  presiding  judge,  Sir 
Charles  Turner,  refused  to  try  them  on  the  mur- 
der indictment,  as  the  body  had  not  been  found  ;  they 
were,  however,  arraigned  on  the  charge  of  robbery, 
and  pleaded  guilty  on  some  vague  superstition  that 
their  lives  would  be  spared.  While  in  confinement 
John  persisted  in  the  charge,  adding  that  his  mother 
and  brother  had  attempted  to  poison  him  in  the 
jail  for  peaching.  When  the  next  assizes  came, 
Sir  Robert  Hyde,  considering  the  length  of  time 
which  had  elapsed,  and  the  non-appearance  of 
Harrison,  tried  them  for  the  murder.  The  deposi- 
tions of  John,  and  the  plea  on  the  indictment  for 
robbery,  were  given  in  evidence,  and  the  whole 
three  were  forthwith  convicted.  On  the  trial 
John  retracted  his  accusation,  declaring  that  he 
was  mad  when  he  made  it,  and  knew  not  what  he 
said.  They  all  suffered  death.  The  mother  was 
executed  first,  it  being  alleged  that  she  influ- 
enced her  sons,  and  that  they  would  never  con- 
fess  while    she    was    living ;    they    died,    however, 


52  FAMOUS     CASES    OF 

loudly  protesting  their  innocence.  But  the  dis- 
appearance of  Harrison,  the  confession  of  John, 
and  the  plea  of  "guilty"  to  the  indictment  for 
robbery,  seemed  to  invest  the  case  with  every 
human  certainty. 

After  this  poor,  ignorant,  and  deluded  family 
had  lain  in  the  grave  for  three  years,  the  people  of 
Gloucester  were  startled  by  the  reappearance  in 
their  streets  of  the  murdered  Harrison !  He  ac- 
counted for  his  long  absence  thus,  in  a  letter  to  Sir 
Thomas  Overbury.  On  returning  homewards  after 
the  receipt  of  Lady  Campden's  rents,  he  was  set 
upon  by  a  gang  of  crimps,  who  forced  him  to  the 
seashore,  where  they  hurried  him  on  shipboard  and 
carried  him  off  to  Turkey.  They  there  sold  him 
as  a  slave  to  a  physician,  with  whom  he  lived  for 
nearly  two  years,  when,  his  master  dying,  he  made 
his  escape  in  a  Hamburg  vessel  to  Lisbon,  and 
was  thence  conveyed  to  England. 


CIRCUMSTANTIAL    EVIDENCE.  53 


X. 

Case  of  Thomas  Wood. 
On  the  6th  of  October,  1806,  Thomas  Wood,  a 
young  seaman,  was  tried  at  Plymouth  by  naval 
court-martial.  The  offense  charged  was  an  active 
participation  in  a  mutiny  and  murder  on  board  the 
"Hermione,"  in  1797.  At  the  time  of  his  trial,  he 
was  only  twenty-five  years  old,  and  therefore  some- 
where about  sixteen  when  the  mutiny  took  place. 
There  was  but  one  witness  against  hrm ;  one,  how- 
ever, whose  testimony  had  considerable  weight — the 
master  of  the  "Hermione."  This  person  most 
positively  identified  him  as  one  of  those  chiefly  im- 
plicated, and  as  having  gone,  when  on  board  his 
ship,  by  the  name  of  James  Hayes.  The  identifi- 
cation undoubtedly  was  strong ;  but  still,  consider- 
ing the  personal  changes  which  generally  take  place 
between  the  age  of  sixteen  and  twenty -five,  and  after 
an  interruption  of  nine  years  in  the  intercourse, 
scarcely  strong  enough  to  warrant  a  conviction. 
But  all  doubt  of  the  prisoner's  guilt  vanished  at 
once  before  the  voluntary  statement  which  he  put  in, 
"in  the  form  of  a  written  document.     "At  the  time,' 


54  FAMOUS    CASES     OF 

said  the  written  statement,  "when  the  mutiny  took 
place,  I  was  a  boy  in  my  fourteenth  year.  Com- 
pelled by  the  torrent  of  mutiny,  I  took  the  oath  ad- 
ministered to  me  on  the  occasion.  The  examples  of 
death  which  were  before  my  eyes  drove  me  for  shelter 
among  the  mutineers,  dreading  a  similar  fate  with 
those  that  fell  if  I  sided  with  or  showed  the  smallest 
inclination  for  mercy."  To  this  frank  and  sweeping 
confession  of  his  guilt  he  added  a  declaration  of  pro- 
found remorse  for  his  crime,  and  wound  up  by 
throwing  himself  despairingly  on  the  compassion  of 
the  court.  The  court  found  him  guilty,  passed  upon 
him  the  sentence  of  death,  and  eleven  days  after- 
wards he  was  executed.  In  vain  were  all  his  suppli- 
cations for  compassion.  In  vain  did  his  brother  and 
sister  interfere,  proving,  by  a  certificate  from  the 
Navy  Office,  that  his  written  statement  must  have 
been  a  mere  hallucination,  seeing  that  the  boy  was  at 
another  place  and  in  another  ship  when  the  crime 
was  committed  on  board  the  "  Hermione." 

The  subsequent  establishment  of  this  poor  victim's 
innocence  was  most  complete  and  satisfactory.  The 
editor  of  a  weekly  journal,  called  the  "Independent 
Whig,"  took  up  the  matter  very  sternly,  and  de- 
nounced all  the  proceedings  so  indignantly  from  time 
to  time  that  the  members  of  the   court-martial  ap- 


CIRCUMSTANTIAL     EVIDENCE.  55 

pealed  to  the  Lords  of  the  Admiralty  for  protection 
against  the  journalist.  The  Lords  of  the  Admiralty 
responded  to  the  appeal,  and  a  prosecution  was  at 
once  instituted.  It  was  fortunate  that  the  then  law 
officers  of  the  crown  were  Sir  Arthur  Pigott  and  Sir 
Samuel  Romilly.  These  discreet  men  deemed  it 
prudent  to  set  on  foot  a  strict  inquiry  into  the  facts 
before  committing  themselves  to  a  public  prosecution, 
"not,  however,"  as  Sir  Samuel  afterwards  stated, 
"that  either  of  us  entertained  any  doubt  as  to  the 
man's  guilt."  An  inquiry  was  accordingly  in- 
stituted by  the  solicitor  of  the  Admiralty,  the  result 
of  which  was  that  Thomas  Wood,  who  had  been 
hanged  for  mutiny  and  murder,  was  proved  to  have 
been  perfectly  innocent,  and  was  actually  shown  to 
have  been  doing  his  duty  on  board  the  "Marl- 
borough" at  Portsmouth  at  the  very  time  that  the 
crime  was  committed  by  the  mutineers  in  the  "Her- 
mione."  The  reader  naturally  asks,  How  came 
Thomas  Wood,  if  he  was  an  innocent  man,  to  con- 
fess himself  guilty?  The  answer  is  not  far  to  seek. 
Wood  was  a  simple-minded  Jack  tar  ;  he  had  no 
friends  of  any  influence  ;  he  knew,  or  thought  he 
knew,  that  no  assertions  of  his  would  be  of  any  avail 
against  the  positive  evidence  of  the  master  of  the 
"Hermione;"  he  therefore  applied  to  another  man 


5  6  FAMOUS    CASES    OF 

to  write  a  defense  for  him.  Wood  read  the  produc- 
tion of  his  comrade,  and  thinking  it  likely  to  excite 
the  compassion  of  his  judges,  and  that  it  would  serve 
him  better  that  a  mere  denial  of  the  charges  brought 
against  him,  adopted  it.  That  the  means  chosen  by 
his  ignorant  comrade  for  his  defense  proved  his 
destruction,  there  can  be  no  doubt.  The  confession 
acted  as  a  bar  to  further  inquiry,  otherwise  it  is  im- 
possible to  conceive  that  the  certificate  sent  in  by  the 
brother  and  sister  previous  to  the  execution,  and 
which  showed  the  poor  man's  innocence,  should  not 
have  been  attended  to.  The  truth  was,  that  to  all 
concerned  in  the  condemnation  of  Thomas  Wood,  the 
facts  were  so  clear,  owing  to  the  confession,  that  no 
regard  whatever  was  paid  to  the  exertions  of  his 
friends,  and  the  official  certificate  was  not  merely 
slighted,  it  was  probably  never  read. 


CIRC  UMSTANTIAL    E  VIDENCE.  5  7 


XI. 

Case  of  Connt  Montgomery. 
Oisr  the  first  iioor  of  a  large  hotel  in  the  Rue 
Royale,  at  Paris,  resided  the  Count  and  Countess  de 
Montgomery.  The  Count  was  a  personage  of  rank, 
and  the  possessor  of  considerable  property,  maintain- 
ing a  numerous  retinue  of  attendants,  and  an 
almoner,  who  formed  part  of  the  establishment.  On 
the  second  and  third  floors  of  the  same  hotel  the 
Sieur  d'Anglade  resided  with  his  lady  in  a  style  of 
considerable  respectability.  The  two  families  lived 
on  the  most  amicable  terms.  It  so  happened  that  on 
one  occasion  the  count  and  countess  invited  these 
neighbors  to  accompany  them  on  a  visit  to  one  of 
their  country  seats.  The  invitation,  at  first  accepted, 
was,  for  some  unexplained  reason,  subsequently  de- 
clined when  the  count  and  countess  were  just  on  the 
eve  of  their  departure.  Many  of  their  numerous 
suite  accompanied  the  family,  and  amongst  these  was 
the  priest-almoner,  Francis  Gagnard.  From  some 
presentiment,  it  was  said,  pressing  on  the  mind  of  the 
count,  they  returned  to  Paris  the  day  before  they 
were  expected,   and  in   the  evening  they  received  a 


5  3  FAMOUS    CASES    OF 

visit  from  the  d'Anglades.  On  the  following  day  the 
unwelcome  discovery  was  made  that  the  count's 
strong  box  had  been  opened  by  a  false  key,  and 
completely  plundered.  It  contents  were  thirteen 
small  sacks  with  a  thousand  silver  livres  in  each,  in 
addition  to  these  were  near  twelve  thousand  livres 
in  gold,  some  double  pistoles,  a  hundred  louis  d'or. 
of  a  new  coinage  called  au  cordon,  and  a  pear] 
necklace  worth  four  thousand  livres.  The  whole 
had  vanished. 

The  lieutenant  of  police  having  been  consulted, 
at  once  pronounced  the  crime  to  have  been  per- 
petrated by  some  one  within  the  house,  and  seems 
to  have  conceived  and  manifested  a  violent  prejudice 
against  the  d'Anglade  family.  On  observing  this 
they  immediately  demanded  that  their  apartments 
should  be  examined,  and  a  strict  search  was  made, 
their  very  beds  having  been  ripped  up,  but  nothing 
whatever  was  fqund  to  implicate  any  one  in  the 
floors  which  they  inhabited.  In  an  attic,  however, 
which  had  been  used  as  a  kind  of  lumber-room, 
there  were  discovered,  in  an  old  trunk  tilled  with 
parchments  and  rubbish,  seventy  louis  d'or  au 
cordon,  wrapped  up  in  a  paper  on  which  a  genea- 
logical table  was  printed,  both  of  which  Mont- 
gomery claimed,  although  the  coin  had  no  peculiar 


CIRCUMSTANTIAL    EVIDENCE.  59 

mark,  and  was  in  general  circulation.  From  this 
moment  the  suspicions  entertained  by  the  lieutenant 
were  adopted  by  the  count.  He  loudly  avouched 
the  honesty  of  all  his  servants,  and  invidiously 
adverted  to  the  theft  of  a  piece  of  plate  from  the 
Sieur  Grimandet,  a  former  tenant,  the  d'Anglades 
at  the  same*  time  living  in  the  hotel.  These  sus- 
picions were  strengthened  by  the  fact  that  it  was 
known  that  d'Anglade  had  expensive  habits,  and 
that  on  their  desiring  him  to  count  the  coin  he  was 
observed  to  tremble.  His  trembling  was  the  agita- 
tion of  innocence  under  an  accusation  false  but 
plausible.  After  this  the  small  room  in  which  the 
almoner,  a  page,  and  a  talet  de  chambre  slept,  was 
subjected  to  a  close  search,  and  here,  in  a  recess  in 
the  wall,  were  found  five  sacks  containing  a  thou- 
sand livres  each,  and  a  sixth  from  which  two  hun- 
dred had  been  extracted.  The  d'Anglades  were 
committed  to  prison,  and  it  seems,  by  the  law  of 
France,  the  prejudiced  police  lieutenant  who  com- 
mitted was  the  judge  by  whom  they  were  to  be 
tried.  D'Anglade  appealed  to  the  parliament 
against  this  foul  prejudgment,  but  he  appealed  in 
vain.  It  would  appear  that  Count  Montgomery  had 
his  misgivings,  for  he  ordered  his  almoner,  the 
priest  Gagnard,  to  say  a  solemn  mass  at  the  church 


60  FAMOUS    CASES    OF 

of  Saint  Esprit  for  the  detection  of  the  culprits  ; 
and  accordingly  the  "holy  man"  so  fervently  im- 
plored the  aid  of  the  Divine  Being  that  the  pros- 
ecutor's conscience  was  at  rest.  The  almoner  was 
examined  as  a  witness  at  the  trial,  though  what  was 
the  nature  of  his  evidence  does  not  appear  ;  what- 
ever it  may  have  been,  satisfactory  proofs  were 
wanting  to  inculpate  the  accused.  The  public  eye 
was  upon  the  judge,  and,  without  plausible  proof, 
even  a  prejudiced  judge  shrank  from  pronouncing 
judgment.  But  he  had  an  alternative,  which  at 
that  time  unhappily  was  legal.  What  the  witnesses 
failed  in  proving,  the  torture  might  goad  the  ac- 
cused to  confess;  they  therefore  put  d'Anglade  to 
the  question,  ordinary  and  extraordinary  —  they 
tormented  him  even  to  the  verge  of  death,  and 
then,  covered  over  with  wounds,  his  back  dis- 
located, his  whole  frame  shattered,  all  in  ruins 
save  a  noble  nature,  they  bore  him  back  to 
prison  beseeching  God  to  manifest  his  innocence, 
and  to  pardon  his  inhuman  persecutors  and  his  in- 
exorable judge.  Although  they  failed  to  prove  his 
guilt,  they  sentenced  him  to  restore  the  amount 
which  had  been  stolen,  and  to  serve  for  nine  years 
chained  as  a  galley-slave.  From  this  last  degrada- 
tion he  was  saved    by  death,    for  he  sank  in  his 


CIRC  UMS  TANTIAL     E  VIDENCE.  6 1 

dungeon  at  Marseilles,  having  received  the  sacra- 
ments. His  poor  widow  and  orphan,  stripped  of 
everything,  even  of  the  bed  on  which  they  lay, 
were  banished  from  Paris  and  its  precincts,  and 
cast  upon  the  world,  forsaken  and  heartbroken. 

After  the  death  of  d'Anglade  and  the  utter 
desolation  of  his  family,  their  innocence  was  clearly 
demonstrated.  Inquiry  was  instituted  in  conse- 
quence of  some  letters  which,  at  first  anonymous, 
appear  to  have  been  written  by  an  Abbe  de  Font- 
pierre,  and  the  truth  was  brought  to  light.  This 
son  of  the  church  and  expounder  of  doctrine  was  a 
member  of  a  thieves'  society,  and,  as  such,  an  as- 
sociate of  one  Belestre,  who  was  the  principal  in 
the  crime.  What  motive  impelled  Fontpierre  to 
write  the  letters — whether  it  was  some  quarrel  with 
Belestre,  or  remorse  at  the  fate  of  d'Anglade — does 
not  appear.  Belestre  could  not  have  accomplished 
the  crime  without  assistance,  and  such  was  afforded 
him  by  Francis  Gagnard,  the  inmate  of  Mont- 
gomery's house,  and  his  trusted  almoner,  the  rev- 
erend divine  who  actually  celebrated  the  sacred 
ceremony  at  Saint  Esprit  for  the  discovery  of  the 
criminals.  Gagnard  and  Belestre,  both  natives  of 
the  town  of  Mons,  had  been  associated  from  infancy. 
The    former    was    the    son    of    a   jailer ;    he     had 


62  FAMOUS     CASES     OF 

journeyed  to  Paris  as  an  adventurer,  and  was 
eking  out  a  mere  subsistence  by  saying  masses  at 
Saint  Esprit,  when  Montgomery  admitted  him  on 
his  establishment.  The  return  he  made  was  the 
furnishing  his  friend  Belestre  with  wax  impressions 
of  all  the  keys  he  found  there.  It  turned  out  that 
Belestre  was  a  still  greater  villain  than  himself, 
having  been  in  the  army,  from  which  he  deserted 
after  murdering  his  sergeant,  and  was  afterwards 
prowling  about  the  dens  of  Paris,  alternately  a 
gambler,  a  beggar,  and  a  bulJy.  Gagnard  left 
the  service  of  Montgomery  after  the  conviction  of 
d'Anglade,  and  following  his  criminal  bent,  soon 
found  himself  in  prison,  and,  strangely  enough, 
in  th-j  same  cell  with  Belestre,  arrested  about  th<j 
same  time  on  a  different  charge.  In  the  mean 
time  the  contents  of  the  anonymous  letters  hav- 
ing much  impressed  the  authorities,  it  occurred  to 
them  to  interrogate  the  count's  late  almoner  and 
his  fellow  prisoner  as  to  the  robbery  in  the  Eue 
Royale.  They  were  first  examined  apart,  and  an 
immediate  prosecution  was  the  result.  The  Abbe 
de  Fontpierre  gave  most  important  evidence. 
Amongst  other  things  he  deposed,  that  being  in 
a  room  adjoining  one  in  which  the  accused  was 
holding  a  revel,    he    heard    Belestre    say,    "Come, 


CIRCUMSTANTIAL    EVIDENCE.  63 

ray  friend,  let  ns  drink  and  be  merry,  while 
d'Anglade  is  at  the  galleys."  "Poor  man,"  an- 
swered the  almoner,  "I  can't  help  being  sorry 
for  him  ;  he  is  a  good  sort  of  man,  and  was  al- 
ways obliging  to  me."  "Sorry!"  said  the  other, 
with  a  laugh,  "sorry  for  the  man  who  has 
saved  us  from  suspicion  and  made  our  fortune  ! " 
A  woman  named  De  la  Comble  deposed  that 
Belestre  frequently  showed  her  a  beautiful  pearl 
necklace,  which  he  said  he  had  won  at  play. 
Upon  Belestre  there  was  a  gazette  of  Holland,  in 
which,  after  reference  to  the  d'Anglade  case,  there 
was  a  positive  statement  that  the  men  who  were 
really  guilty  of  that  robbery  had  been  since  ex- 
ecuted at  Orleans  for  another  crime.  Of  this  it 
was  supposed  he  had  himself  procured  the  inser- 
tion in  order  to  lull  inquiry.  Unfortunately,  how- 
ever, for  him  and  his  confederate,  there  was  also 
found  on  him  a  document,  in  Gagnard's  writing, 
alluding  to  the  anonymous  letters,  and  advising 
him  by  some  means  or  other  to  quiet  or  to  rid 
himself  of  the  Abbe  de  Fontpierre.  In  addition 
to  this  it  was  shown  that  Gagnard,  who  on  enter- 
ing the  count's  service  was  almost  destitute,  and 
who  could  have  saved  but  little  from  his  salary, 
had   on   leaving  it  a  profusion  of  money,  which  he 


64  FAMOUS    CASES    OF 

lavished  in  feasting  and  debauchery.  Belestre, 
also,  was  proved  at  the  same  period  to  have  pur- 
chased an  estate  at  Mods,  where  his  father  was  a 
humble  tanner.  Madame  d'Anglade  completely 
cleared  up  the  paltry  suspicious  by  which  her 
husband  had  been  sacrificed  ;  but  it  is  needless  to 
detail  the  particulars  of  the  exculpation,  as  the 
criminals  made  a  full  confession  of  their  guilt. 
Indeed,  Gagnard  went  farther,  and  declared  that, 
had  he  been  closely  interrogated  during  the  first 
inquiry,  such  was  his  confusion,  he  must  have  ad- 
mitted everything.  But  the  mind  of  the  judge  was 
all  intent  on  vindicating  the  prejudices  in  which 
he  never  should  have  indulged. 


CIRCUMSTANTIAL    EVIDENCE.  65 


XII. 

Case     of     Le      Brun. 

Theee  lived  in  Paris  a,  woman  of  fashion,  known 

as  Lady  Mazel.     Her  house  was  roomy  and   lofty  ; 

on  the  ground  floor  was  a  large  hall  in  which  was 

a  grand  staircase  ;  in  a  room  opening  into  the  hall 

slept  the  valet,  whose  name  was  Le  Brun  ;  the  rest 

of  this  floor  consisting  of  apartments  in  which  the 

lady   saw   company.     In   the    floor  up    one  pair   of 

stairs  was  the  lady's   own   chamber,  which  was  in 

front  of  the  house,  and  was  the  innermost  of  three 

rooms  from  the  grand  staircase.     The  key   of  this 

chamber  was  usually   taken   out   of  the   door    and 

laid   on  a   chair  by  the  servant  who   was  last  with 

the  lady,  and  who,  pulling  the  door  after  her,  shut 

it   with  a  spring,    so   that  it   could   not  be   opened 

From    without.      In    this    chamber,    also    were    two 

doors  —  one   communicating  with   a  back   staircase, 

the   other  with   a   wardrobe   which   also  opened  on 

the  back  stairs.     On  the  second  floor  slept  the  Abbe 

Poulard  ;  and  on  the  third  story  were  the  chambers 

allotted  to  the  servants  ;   the  fourth  story  consisted 

of  lofts  and  granaries,  whose  doors  were  always  open. 


66  FAMOUS    CASES    OF 

On  the  last  Sunday  in  November,  the  two 
daughters  of  Le  Brun,  the  valet,  who  were  fashion- 
able milliners,  waited  on  the  lady,  and  were  kindly 
received ;  but,  as  she  was  going  to  church  to  the 
afternoon  service,  she  pressed  them  to  come  again 
when  she  could  have  more  of  their  company.  Le 
Brun  attended  his  lady  to  church,  and  then  went 
to  another  himself,  after  which  he  went  to  several 
places,  and  having  supped  with  a  friend,  he  went 
home.  Lady  Mazel  supped  with  the  Abbe  Poulard, 
as  usual,  and  about  eleven  o'clock  retired  to  her 
chamber,  attended  by  her  maids.  Before  they  left 
her  Le  Brun  came  to  the  door  to  receive  his  orders 
for  the  next  day ;  then  one  of  the  maids  laid  the 
key  of  the  room  door  on  the  chair  next  it — they 
went  out,  and  Le  Brun  following  shut  the  door  after 
him. 

In  the  morning  he  went  to  market,  made  his 
purchases,  and  returning  home  transacted  his 
business  as  usual.  At  eight  o'clock  ho  expressed 
surprise  that  his  lady  did  not  get  up,  as  she 
generally  rose  early.  He  went  to  his  wife's  lodg- 
ing, which  was  close  by,  told  her  he  was  uneasy 
that  his  lady's  bell  had  not  rung,  and  gave  her 
some  money  which  he  desired  her  to  lock  up;  he 
then  went  homo  again,  and  found  the  servants  dis- 


CIRCUMSTANTIAL  EVIDENCE.  67 

mayed  at  hearing  nothing  of  their  lady.  When 
one  of  them  observed  that  he  feared  she  had  been 
seized  with  an  illness,  Le  Brun  said,  "It  must  be 
something  worse ;  my  mind  misgives  me,  for  I 
found  the  street  door  open  last  night  after  all  the 
family  were  in  bed."  They  then  sent  for  the  lady's 
son,  M.  de  Savoniere,  who  hinted  to  Le  Brun  his 
fear  of  an  apoplexy.  Le  Brun  replied  that  he 
feared  something  worse,  and  again  mentioned  his 
having  found  the  street  door  open.  A  smith  was 
sent  for,  the  door  was  broken  open,  and  Le  Brun, 
running  to  the  bed,  after  calling  several  times,  threw 
back  the  curtains  and  cried  out,  "Oh,  my  lady  is 
murdered!"  He  then  ran  to  the  wardrobe  and 
took  up  the  strong  box,  and  finding  it  heavy,  said, 
"She  has  not  been  robbed,  how  is  this?"  The 
body,  on  examination,  showed  no  less  than  fifty 
wounds ;  they  found  in  the  bed  a  scrap  of  a  cravat 
of  coarse  lace,  and  a  napkin  made  into  a  nightcap, 
which  was  blood-stained,  and  had  the  family  mark 
on  it.  From  the  wounds  on  the  lady's  hand,  it  ap- 
peared she  had  struggled  bravely  with  the  assassin  ; 
she  could  not  ring  for  aid,  the  bell-strings  being 
twisted  round  the  tester,  and  thus  out  of  her  reach. 
A  knife  was  found  in  the  ashes  almost  consumed 
by  the    fire ;    the   key  of   the    chamber   had    been 


68  FAMOUS    CASES     OF 

taken  from  the  chair ;  but  there  were  no  marks  of 
violence  on  any  of  the  doors,  nor  were  there  any 
indications  of  a  robbery,  as  a  large  sum  of  money 
and  all  the  lady's  jewels  were  found  in  the  strong 
box  and  other  places. 

On  being  examined,  Le  Brun  stated  that  after  he 
left  the  maids  on  the  stairs,  he  went  down  into  the 
kitchen,  and,  sitting  down  by  the  fire,  he  fell  asleep ; 
that  he  slept,  as  he  thought,  about  an  hour,  and 
going  to  lock  the  street  door,  he  found  it  open ;  that 
he  locked  it,  and  took  the  key  with  him  to  his 
chamber.  When  searched,  there  was  found  in  his 
pocket  a  key,  the  wards  of  which  had  been  enlarged 
by  filing,  and  which  was  found  to  open  the  street 
door,  the  antechamber,  and  both  the  doors  in  Lad}' 
Mazel's  chamber.  On  trying  the  bloody  nightcap  on 
Le  Bran's  head,  it  was  found  to  fit  him  exactly, 
whereupon   he  was  committed  to   prison. 

At  the  trial,  it  appeared  that  the  lady  h'ad  been 
murdered  by  some  persons  who  had  been  admitted 
by  Le  Brun  for  the  purpose.  He  could  not  himself 
have  done  it,  because  there  was  no  blood  upon  his 
clothes,  nor  any  scratch  on  his  person,  as  there  must 
have  been  on  the  murderer  from  the  victim's  strug- 
gling. But  that  Le  Brun  had  let  him  in  seemed 
clear.      None    of   the    locks    were    forced,   and    his 


CIRCUMSTANTIAL    EVIDENCE.  69 

story  of  finding  the  street  door  open,  the  circum- 
stances of  the  key  and  the  nightcap,  also  of  a  ladder 
of  ropes  being  found  in  the  house,  which  might  be 
supposed  to  be  laid  there  by  Le  Brun  to  take  off 
the  attention  from  himself,  were  all  interpreted  as 
proofs  of  his  guilt.  It  was  inferred  that  he  had  an 
accomplice,  because  part  of  the  cravat  found  in  the 
bed  was  discovered  not  to  be  his,  but  the  maids 
deposed  that  they  had  washed  such  a  cravat  for  one 
Berry,  loho  had  been  a  footman  to  the  lady,  and 
who  was  turned  away  about  four  months  before 
for  robbing  her.  There  was  also  found  in  the  loft 
at  the  top  of  the  house,  under  some  straw,  a  shirt 
very  bloody,  but  which  evidently  had  never  belonged 
to  Le  Brun.  The  accused  had  nothing  to  oppose  to 
these  strong  circumstances  but  his  long  and  faithful 
service,  and  his  uniformly  good  character.  It  was 
resolved  to  put  him  to  the  torture  in  order  to  dis- 
cover his  accomplices.  This  was  done  with  such 
severity  that  he  died  in  a  few  days  of  the  injuries 
he  received,  declaring  his  innocence  with  his  dying 
breath. 

Poor  Le  Brun  had  scarcely  been  dead  a  month, 
when  there  came  information  from  the  provost  of 
Sens,  that  a  dealer  in  horses  had  lately  set  up  there 
by  the  name  of  John   Garlet,  but  whose  real  name 


7o  FAMOUS    CASES    OF 

was  found  to  be  Berry,  and  that  he  had  been  a 
footman  in  Paris.  In  consequence  of  this,  he  was 
taken  up,  and  the  suspicion  of  -his  guilt  was  in- 
creased by  his  attempting  to  bribe  the  officers.  On 
searching  him,  a  gold  watch  was  found,  which 
proved  to  be  Lady  Mazel's.  A  person  in  Paris 
swore  to  seeing  him  go  out  of  Lady  Mazel's,  the 
night  she  was  murdered  ;  and  a  barber  swore  to 
shaving  him  next  morning,  when,  on  his  remarking 
to  his  customer  that  his  hands  were  very  much 
scratched,  Berry  said  he  had  been  killing  a  cat.  His 
guilt  being  evident,  he  was  condemned  to  the  torture, 
and  afterwards  to  be  broken  alive  on  the  wheel. 
Under  the  torture,  he  made,  as  many  others  have 
done,  a  false  confession,  declaring  that  at  the  insti- 
gation of  Madame  de  Savoniere,  Lady  Mazel's 
daughter,  he  and  Le  Brun  had  undertaken  to  rob 
and  murder  the  lady,  and  that  Le  Brun  murdered 
her  while  he  guarded  the  door  to  prevent  surprise. 
But  when  brought  to  the  place  of  execution,  he 
recanted  what  he  had  said  against  Le  Brun  and 
Madame  de  Savoniere,  and  confessed  "that  he 
came  to  Paris  on  the  Wednesday  before  the  murder 
was  committed.  On  the  Friday  evening  he  went 
into  the  house,  and  unperceived,  got  into  one  of  the 
lofts,  where  he  lay  till  Sunday  morning,  subsisting 


CIRCUMSTANTIAL     EVIDENCE.  71 

on  apples  and  bread,  which  he  had  in  his  pockets  ; 
that  about  eleven  o'clock  on  Sunday  morning,  when 
he  knew  the  lady  had  gone  to  church,  he  stole 
down  to  her  chamber,  and  the  door  being  open,  he 
tried  to  get  under  the  bed  ;  but  it  being  too  low,  he 
returned  to  the  loft,  pulled  off  his  coat  and  waist- 
coat, and  returned  to  the  chamber  a  second  time, 
in  his  shirt.  He  then  got  under  the  bed,  where  he 
continued  till  the  afternoon,  when  Lady  Mazel  went 
to  church  ;  that  knowing  she  would  not  come  back 
soon,  he  left  his  hiding-place,  and  being  incom- 
moded with  his  hat,  he  threw  it  under  the  bed,  and 
made  a  cap  of  a  napkin  which  lay  on  a  chair,  secured 
the  bell-strings,  and  then  sat  down  by  the  fire,  where 
he  continued  till  he  heard  her  coach  drive  into  the 
courtyard,  when  he  again  got  under  the  bed  and 
remained  there  ;  that  Lady  Mazel  having  been  in 
bed  about  an  hour,  he  got  from  under  it,  and 
demanded  her  money  ;  she  began  to  cry  out,  and 
attempted  to  ring,  upon  which  he  stabbed  her,  and 
she  resisting  with  all  her  strength,  he  repeated  the 
stabs  till  she  was  dead ;  that  he  then  took  the  key 
of  the  wardrobe  cupboard  from  the  bed's  head, 
opened  the  cupboard,  found  the  key  of  the  strong 
box,  opened  it  and  took  out  all  the  gold  he  could 
find,  to  the  amount  of   about  six   hundred  livres  ; 


72  FAMOUS    CASES    OF 

that  lie  then  locked  the  cupboard,  and  replaced  the 
key  at  the  bed's  head,  threw  his  knife  into  the  fire, 
took  his  hat  from  under  the  bed,  left  the  napkin  in 
it,  took  the  key  of  the  chamber  from  the  chair,  and 
let  himself  out ;  went  to  the  loft,  where  he  pulled 
off  his  shirt  and  cravat,  and  leaving  them  there,  put 
on  his  coat  and  waistcoat,  and  stole  softly  down 
stairs  ;  and  finding  the  street  door  only  on  the  single 
lock,  he  opened  it,  went  out,  and  left  it  open  ;  that 
he  had  brought  a  rope  ladder  to  let  himself  down 
from  a  widow  if  he  had  found  the  street  door 
double  locked,  but  finding  it  otherwise,  he  left  the 
rope  ladder  at  the  bottom  of  the  stairs,  where  it  was 
found." 

Thus  was  this  foul  mystery  cleared  up— and 
thus  Were  all  the  circumstances  which  appeared 
against  Le  Bran  accounted  for,  consistently  with 
his  innocence.  Le  Brun  perished,  as  d'Anglade 
had  perished,  through  the  headlong  precipitancy  of 
the  criminal  court  and  the  judge. 


CIRCUMSTANTIAL     EVIDENCE.  73 


XIII. 

Case  of  Eliza  Fenni  ng. 
A  most  melancholy  case  of  circumstantial  evi- 
dence happened  in  London,  in  the  year  1315,  the 
particulars  of  which  must  yet  dwell  in  the  memo- 
ries of  many  still  living.  Eliza  Fenning  was  a 
servant  girl,  very  young,  and  said  to  be  very  beauti- 
ful, living  in  Chancery  Lane.  She  was  but  twenty- 
one  years  of  age,  the  dutiful  and  only  child  of 
respectable  parents,  then  alive.  She  was  tried  at 
the  Old  Bailey,  in  the  month  of  April,  1815,  before 
the  recorder  of  London,  for  the  crime  of  admin- 
istering poison  to  her  master  and  mistress,  and  her 
master's  father — a  capital  felony  under  Lord  El- 
lenborough's  Act.  The  only  evidence  to  affect 
the  prisoner  was  entirely  circumstantial.  The 
poison  was  contained  in  dumplings  made  by  her, 
but  it  was  proved  by  the  surgeon,  who  gave  evi- 
dence at  the  trial,  that  she  had  eaten  of  them  her- 
self, and  had  been  quite  as  ill  as  any  of  the  persons 
whom  she  was  supposed  to  have  intended  to  poison. 
Further,  her  eating  of  them  could  not  be  ascribed 
to  art,  or  to  any  attempt  to  conceal  her  crime,  for 


74  FAMOUS     CASES    OF 

she  had  made  no  effort  whatever  to  remove  the 
strongest  evidence  of  guilt,  if  guilt  there  was.  She 
had  left  the  dish  unwashed  ;  and  the  proof  that 
arsenic  was  mixed  it  it,  was  furnished  by  its  being 
found  in  the  kitchen  on  the  following  day,  exactly 
in  the  state  in  which  it  had  been  brought  from  the 
table. 

It  is  hardly  conceivable  that,  such  being  the  cir- 
cumstances, a  conviction  could  have  been  possible. 
"But,"  says  Sir  Samuel  Eomilly,  from  whose 
manuscript  this  account  is  condensed,  "the  recorder 
appeared  to  have  conceived  a  strong  prejudice 
against  the  prisoner ;  in  summing  up  the  evidence, 
he  made  some  very  unjust  and  unfounded  observa- 
tions to  her  disadvantage,  and  she  was  convicted." 
Petitions  signed,  not  by  hundreds,  but  by  thousands, 
besought  the  throne  for  mercy.  The  master  of  the 
girl  was  requested  to  add  his  name  to  the  petitioners 
on  her  behalf,  but  the  recorder  dissuaded  him,  and 
at  his  instance  he  refused.  All  intercession  was 
fruitless,  and  Eliza  Fenning  was  ordered  for  execu- 
tion. She  mildly,  but  earnestly,  asserted  her  inno- 
cence to  the  last,  and  prayed  to  God  some  day  to 
make  it  manifest.  When  the  religious  ceremonies 
were  over,  the  sad  procession  moved  towards  the 
scaffold.     As  the  last  door  was  opening  which  still 


CIRCUMSTANTIAL    EVIDENCE.  '     75 

concealed  her  from  the  public  gaze,  Mr.  Cotton,  the 
ordinary,  made  a  final  effort:  "Eliza,  have  yon 
nothing  more  to  say  to  me?"  It  was  an  awful 
moment,  but  her  last  words  in  this  world  were, 
"Before  the  just  and  Almighty  God,  and  by  the 
faith  of  the  Holy  Sacrament  I  have  received,  I  am 
innocent  of  the  offense  of  which  I  am  charg  d." 
The  door  then  opened,  and  she  stood  robed  in  white, 
before  the  people.  Two  old  offenders  were  executed 
with  her,  "and,"  says  a  bystander,  "as  all  three 
stood  under  the  beam,  beneath  the  sun,  she  looked 
serene  as  angel."  The  stormy  multitude  was  hushed 
at  once,  and  while  all  eyes  wept,  and  every  tongue 
prayed  for  her,  she  passed  into  eternity. 

When  the  curtain  had  fallen  upon  this  tragedy, 
the  fury  of  the  people  knew  no  bounds,  and  the 
house  of  the  prosecutor  was  protected  only  hy  the 
presence  of  a  considerable  force.  The  temper  of  the 
times  was  such  that  nothing  could  prevent  a  popular 
demonstration  at  the  funeral,  and  a  mournful  and 
striking  one  it  must  have  been.  The  broken-hearted 
parents  led  the  way,  followed  by  six  young  females 
clad  in  white,  and  then  by  eight  chief  mourners.  At 
least  ten  thousand  persons  accompanied  the  hearse, 
and  thus,  every  window  filled,  and  every  housetop 
crowded,  they  reached  the  cemetery  of  St.   Geo 


7  6  FAMOUS    CASES    OF 

the  Martyr,  where  the  remains  of  the  innocent  girl 
was  interred. 

Sir  Samuel  Eomillt  further  states,  that  after 
Eliza  Fenning's  conviction,  and  while  the  error  was 
reparable,  "an  offer  was  made  to  prove  that  there 
was  in  the  house  of  Eliza's  master,  when  the  poison- 
ing took  place,  a  person  who  had  labored,  a  short 
time  before,  under  mental  derangement,  and  who, 
in  that  state,  had  declared  his  fears  that  he  should 
destroy  himself  and  his  family."  This  statement 
was  made  to  the  recorder  himself,  and  evidence  of 
its  truth  was  offered,  but  that  functionary  affirmed 
that  the  production  of  any  evidence  of  the  kind 
would  be  wholly  useless.  That  the  crime  was  com- 
mitted by  a  maniac,  there  can  be  but  small  doubt. 
The  testimony  of  Mr.  Gibson,  who  was  then  con- 
nected with  the  firm  of  Corbyn  &  Co.,  Holborn,  is 
all  but  conclusive  on  the  point.  This  gentleman 
stated    that   "about    September  or  October,    in  the 

preceding  year,   a  Mr. (the   name,  for  obvious 

reasons,  was  not  made  public),  called  on  me  in 
Holborn.  He  seemed  in  such  a  wild  and  deranged 
state,  that  I  took  him  into  a  back  room,  where  he 
used  the  most  violent  and  incoherent  expressions — 
'My  dear  Gibson,  do,  for  Heaven's  sake,  get  me 
secured   or   confined,   for  if   I   am   left  at  liberty    I 


CIRCUMSTANTIAL     EVIDENCE.  77 

shall  do  some  mischief;  I  shall  destroy  my  sell 
and  my  wife.  I  must  and  shall  do  it  unless  all 
means  of  destruction  are  removed  out  of  my  way ; 
therefore  do,  my  good  friend,  have  me  put  under 
some  restraint ;  sometliing  from  above  tells  me  I 
must  do  it,  and,  unless  I  am  prevented,  I  shall  cer- 
tainly do  it."  Mr.  Gibson  felt  it  his  duty  to  com- 
municate this  to  the  poor  maniac's  family,  but  they 
were  heedless  of  the  warning,  and  he  was  left  at 
liberty. 


78  FAMOUS     CASES     OF 


X!V. 

Case  of  Richard  Cole  in  an. 
About  the  middle  of  the  last  century,  Richard 
Coleman  was  indicted  at  the  Kingston  assizes,  in 
Surrey,  for  the  murder  of  Sarah  Green.  Coleman 
was  a  man  of  some  education,  was  married  and  had 
several  children,  and  was  clerk  to  a  brewer  when 
the  affair  happened  which  cost  him  his  life.  One 
Sarah  Green,  a  woman  of  a  humble  class,  was 
attacked  by  three  men,  who  maltreated  her  so 
cruelly  that  she  afterwards  died.  These  men  had 
the  appearance  of  brewers'  servants,'  and  while 
she  was  under  treatment  in  the  hospital,  she  de- 
clared that  a  clerk  in  Berry's  brewhouse  was  one 
of  them,  though  it  was  not  clear  to  whom  she 
alluded.  Two  days  after  the  transaction,  Coleman 
went  into  an  alehouse  for  refreshment,  where  he 
met  with  one  Daniel  Trotman,  whom  he  knew. 
Having  called  for  some  spirits  and  water,  Coleman 
was  stirring  it  with  a  spoon,  when  a  stranger  who 
was  present,  asked  him  what  he  had  done  with  the 
pig — alluding  to  a  pig  which  had  been  lately  stolen  in 
the    neighborhood.      The    retort    led    to    a    violent 


CIRCUMSTANTIAL  EVIDENCE.  79 

quarrel,  in  the  course  of  which,  the  stranger  in- 
sinuated that  Coleman  had  been  concerned  in  the 
murder  of  Sarah  Green.  Coleman  answered  the  in- 
sinuation only  by  further  aggravating  his  opponent. 
There  was  no  breach  of  the  peace,  and  the  parties 
separated  at  length,  with  mutual  ill-temper  and 
personal  abuse. 

A  day  or  two  after  this  quarrel,  Daniel  Trotman 
and  another  man  went  before  a  magistrate  in  the 
Borough,  and  charged  Coleman  with  the  crime. 
The  magistrate,  not  supposing  that  Coleman  was 
guilty,  sent  a  man  with  him  to  the  hospital  where 
the  wounded  woman  lay,  and  a  person  pointing 
out  Coleman,  asked  her  if  he  was  one  of  the  per 
sons  who  assailed  her.  She  said  she  believed  he 
was,  but  as  she  declined  to  swear  positively  to  his 
having  any  concern  in  the  affair,  the  magistrate, 
Justice  Claeke,  admitted  him  to  bail.  A  short 
time  afterwards  Coleman  was  again  taken  before 
the  magistrate,  when  nothing  positive  bnng  sworn 
against  him,  the  justice  would  have  absolutely 
discharged  him ;  but  Mr.  Wynne,  the  master  of  the 
injured  girl,  requesting  that  he  might  be  once 
more  taken  to  see  her,  a  time  was  fixed  for  that 
purpose,  and  the  justice  took  Coleman's  word  for 
his  appearance.     He   came   punctually  to  his  time 


So  FAMOUS    CASES    OF 

bringing  with  him  the  landlord  of  an  alehouse  where 
Sarah  Green  had  been  drinking  on  the  night  of 
the  crime  with  the  three  men  who  were  really  guilty  ; 
and  this  publican,  and  other  people,  declared  on 
oath  that  Coleman  was  not  one  of  the  party.  On 
the  following  day,  Justice  Clarke  went  to  the 
hospital  to  take  the  examination  of  the  woman  on 
oath.  Having  asked  her  if  Coleman  was  one  of  the 
men  who  had  attacked  her,  she  said  she  could  not 
tell,  as  it  Mas  dark  at  the  time,  but  Coleman  being 
called  in,  an  oath  was  administered  to  her,  when 
she  swore  that  he  was  one  of  the  three  assailants. 
Spite  of  her  oath,  the  justice,  who  thought  the  poor 
girl  not  in  her  right  senses,  and  was  convinced  in  his 
own  mind  of  the  innocence  of  Coleman,  permitted 
him  to  depart,  on  his  promise  of  bringing  bail  the 
following  day,  to  answer  the  complaint  at  the  next 
assizes  for  Surrey  ;  and  he  brought  his  bail  and  gave 
security  accordingly. 

Sarah  Green  dying  in  the  hospital,  the  coroner's 
jury  sat  to  inquire  the  cause  of  her  death  ;  and  hav- 
ing found  a  verdict  of  willful  murder  against  Richard 
Coleman  and  two  persons  then  unknown,  a  warrant 
was  issued  to  take  Coleman  into  custody.  Though 
conscious  of  his  innocence,  yet  such  was  the  agita- 
tion of  his  mind  at  the  idea  of  being  sent  to  prison 


CIRCUMSTANTIAL     EVIDENCE.  81 

on  such  a  charge,  that  Coleman  absconded,  and 
secreted  himself  at  Pinner,  near  Harrow-on-the-Hill. 
The  king  being  then  at  Hanover,  a  proclamation  was 
issued  by  the  lords  of  the  regency,  offering  a  re- 
ward of  fifty  pounds  for  the  apprehension  of  the 
supposed  offender  ;  and  to  this  the  parish  of  Saint 
Saviour,  Southwark,  added  a  further  sum  of  twenty 
pounds.  Coleman  read  in  the  "Gazette"  an  ad- 
vertisement for  Ms  apprehension,  but  was  still  so 
thoughtless  as  to  conceal  himself,  though  perhaps 
an  immediate  and  voluntary  surrender  would  have 
been  his  wisest  course.  However,  to  assert  his  in- 
nocence, he  caused  the  following  advertisement  to 
be  printed  in  the  newspapers  : 

"I,  Richard  Coleman,  seeing  myself  advertised 
in  the  '  Gazette '  as  absconding  on  account  of  the 
murder  of  Sarah  Green,  knowing  myself  not  any 
way  culpable,  do  assert  that  I  have  not  absconded 
from  justice,  but  will  willingly  and  readily  appear 
at  the  next  assizes,  knowing  that  my  innocence  will 
acquit  me." 

The  authorities,  not  choosing  to  wait  for  his 
promised  appearance,  however,  made  strict  search 
after  him,  and  he  was  apprehended  at  Pinner  on 
the  22nd  of  November,  and  lodged  in  Southwark 
jail  till  the  time  of  the  assizes  at  Kingston,  Surrey 


FAMOUS    CASES    OF 


At  the  trial  several  persons  swore  positively  that 
Coleman  was  at  another  place  at  the  time  the  crime 
was  committed  ;  but  their  evidence  was  not  believed, 
and  he  was  convicted  principally  upon  the  evidence 
of  Daniel  Trotman,  and  the  declaration  of  the  dying 
woman.  After  conviction,  Coleman  behaved  like  a 
man  possessed  of  conscious  innocence,  and  betrayed 
no  fear  in  dying  for  a  crime  which  he  had  not  com 
mitted.  At  the  place  of  execution,  he  delivered  to 
the  chaplain  who  had  attended  him  a  paper,  in 
which  he  declared,  in  the  most  solemn  and  explicit 
manner,  that  he  was  altogether  innocent  of  the 
crime  alleged  against  him.  He  was  executed  at 
Kennington  Common,  on  the  12th  of  April,  1749—- 
and  died  with  perfect  resignation,  lamenting  only 
the  distress  in  which  he  should  leave  a  wife  and  two 
children. 

About  two  years  after  Coleman's  death,  it  was 
discovered  that  three  working  brewers  named 
James  Welch,  Thomas  Jones,  and  John  Mchols, 
were  the  persons  who  had  actually  occasioned  the 
death  of  Sarah  Green.  These  wretches  had  been 
intimately  acquainted  from  their  childhood,  and 
had  kept  the  murder  a  secret,  till  it  was  discovered 
in  the  following  manner.  Welch,  and  a  young  fellow 
named   James  Bush,  were  walking  together  in   the 


CIRCUMSTANTIAL     EVIDENCE.  83 

neighborhood  of  Newington,  when  their  conversa- 
tion happened  to  tarn  on  the  subject  of  persons 
who  had  been  executed  for  offenses  of  which  they 
had  not  been  guilty — "Among  whom,"  said  Welch, 
as  if  by  a  sudden  impulse,  "was  Richard  Coleman. 
Nichols,  Jones,  and  I,  were  the  persons  who  com- 
mitted the  murder  for  which  he  was  hanged." 
Welch  then  went  on  to  relate  the  circumstances  of 
the  crime — his  companion  listening  to  the  disclo- 
sure with  feelings  that  may  be  imagined.  Bush 
scarcely  credited  the  story  thus  abruptly  communi- 
cated, and  for  a  time  said  nothing  about  it  to  any 
one ;  at  length,  however,  he  told  his  father  what 
he  had  heard,  and  his  father  meeting  shortly  after- 
wards with  Thomas  Jones,  and  willing  to  test  the 
truth  of  so  strange  a  tale,  abruptly  charged  him 
with  being  one  of  the  murderers  of  Sarah  Green. 
Jones  trembled  and  turned  pale  at  the  charge,  but 
soon  assuming  a  degree  of  courage,  said:  "What 
does  it  signify  ?  The  man  is  hanged,  and  the  woman 
is  dead,  and  nobody  can  hurt  us."  In  consequence 
of  this  acknowledgment,  Nichols,  Jones,  and  Welch 
were  apprehended,  when  all  of  them  steadily  denied 
their  guilt.  Nichols,  however,  subsequently  turned 
against  his  companions,  and  was  admitted  as  evi- 
dence for  the  crown. 
1 


84  FAMOUS     CASES     OF 

The  prisoners  being  brought  to  trial  at  the  next 
Surrey  assizes,  were  both  of  them  convicted  on  the 
testimony  of  Nichols,  and  sentence  of  death  was 
passed  upon  them.  After  conviction,  they  be- 
haved with  the  utmost  contrition,  and  made  a 
full  confession  of  their  crime.  They  likewise 
signed  a  declaration  which  they  begged  might  be 
published,  containing  the  fullest  assertions  of  Cole 
man's  innocence. 


CIRCUMSTANTIAL    EVIDENCE.  85 


XV. 

Case  of  William  Shaw. 
Another  case,  in  which  an  innocent  man  was 
convicted  on  the  evidence  of  a  dying  person,  was 
that  of  William  Shaw,  of  Leith.  Shaw  was  an 
artisan,  and  lived  in  that  town  respectably  for  his 
station  in  life,  his  family  consisting  but  of  an  only 
daughter,  who  resided  with  him  ;  she  had  formed 
an  unfortunate  attachment  to  a  young  man  whom 
the  father  knew  to  be  of  bad  character,  and  there- 
fore sternly  discountenanced  his  addresses.  This 
gave  rise  to  continual  dissension,  until,  at  length,  k 
one  day  rose  to  such  a  height,  that  James  Morrison, 
the  tenant  of  an  adjoining  room,  could  not  avoid 
overhearing  the  conversation.  The  voices  of  father 
and  daughter  were  recognized,  and  the  words, 
"cruelty,"  "barbarity,"  and  "death,"  were  over 
and  over  again  angrily  enunciated.  The  father  at 
last  left  the  room  abruptly,  locking  the  door  behind 
him,  and  leaving  the  daughter  a  prisoner.  After 
some  little  time,  deep  noises  were  heard  from  within, 
which  gradually  becoming  fainter,  the  alarmed 
neighbors  procured  the  assistance  of  a  bailiff,  and 


86  FAMOUS     CASES     OF 

burst  open  the  door.  Ghastly,  indeed,  was  the 
spectacle  which  presented  itself.  There  lay  the 
young  woman  on  the  floor,  weltering  in  her  blood — 
a  knife,  the  instrument  of  her  death,  beside  her. 
To  the  question  whether  her  father  had  been  the 
cause  of  her  sad  condition,  she  was  just  able  to 
make  a  faint  affirmative  gesture,  and  expired.  At 
this  moment  the  father  reappeared.  His  horror 
may  be  imagined ;  every  eye  was  fixed  on  him, 
and  some  specks  of  blood  upon  his  shirt-sleeves 
seemed  to  confirm  strongly  the  dreadful  accusation 
which  his  daughter's  dying  gesture  had  too  clearly 
intimated.  Vainly  attempting  to  account  for  the 
stained  sleeve  by  the  rupture  of  some  swathe  with 
which  he  had  bound  his  wrist,  he  was  hurried 
before  a  magistrate,  and,  upon  the  depositions  of 
all  the  parties,  committed  to  prison  upon  suspicion. 
He  was  shortly  after  brought  to  trial,  when,  in  his 
defense,  he  acknowledged  his  having  confined  his 
daughter  to  prevent  her  intercourse  with  Lawson, 
the  young  man  to  whom  he  objected  ;  and  that  he 
had  quarreled  with  her  on  the  subject  the  evening 
she  was  found  murdered,  as  the  witness  Morrison 
had  deposed ;  but  he  averred  that  he  left  his 
daughter  unharmed  and  untouched,  and  that  the 
blood    found    upon    his    shirt    was  there  in  conse- 


CIRCUMSTANTIAL    EVIDENCE.  87 

quence  of  his  having  bled  himself  some  days 
before,  and  the  bandage  becoming  untied.  These 
assertions  did  not  weigh  a  feather  with  the  jury 
when  opposed  to  the  strong  circumstantial  evidence 
of  the  daughter's  expressions  of  "barbarity,  cruelty, 
death,"  together  with  that  apparently  affirmative 
motion  of  her  head,  and  of  the  blood  so,  as  it 
seemed,  providentially  discovered  on  the  father's 
shirt.  On  these  severally  concurring  circumstances 
was   William   Shaw  found  guilty  and   executed. 

After  this  unfortunate  man  had  swung  for  weeks 
upon  his  gibbet — for  he  was  gibbeted  in  chains, 
exposed  to  the  four  winds  of  heaven  and  the  gaze 
of  every  passer-by — it  was  shown,  beyond  the 
possibility  of  donbt,  that  he  was  not  merely  guilt- 
less, but  that  he  had  fallen  a  sacrifice  to  his  regard 
for  her  whom  he  was  accused  of  having  murdered. 
The  incoming  tenant  who  succeeded  Shaw,  while 
rummaging  in  the  chamber  where  Catherine  Shaw 
died,  discovered  in  a  cavity  on  one  side  of  the 
chimney,  where  it  appeared  to  have  fallen,  a  paper 
written  by  the  wayward  girl,  announcing  her  in- 
tention of  committing  suicide,  and  ending  with  the 
words,  "My  inhuman  father  is  the  cause  of  my 
death;"  thus  explaining  her  expiring  gesture. 
This  document  being   shown,   the  handwriting  was 


FAMOUS    CASES    OF 


recognized  and  avowed  to  be  Catherine's  by  many 
of  her  relatives  and  friends.  It  became  the  public 
talk,  and  the  magistracy  of  Edinburgh,  on  a 
scrutiny,  being  convinced  of  its  authenticity, 
ordered  the  body  of  William  Shaw  to  be  given 
to  his  relatives  for  interment.  Willing  to  make 
some  reparation  to  his  memory,  and  to  show  some 
sympathy  with  the  feelings  of  his  relatives,  they 
caused  a  pair  of  colors  to  be  waved  over  his  grave, 
It  was  all  the  compensation  they  could  award. 


CIRCUMSTANTIAL    EVIDENCE.  89 


XVI. 

Case  of  De  Moulin. 
Jaques  dtj  Moulin,  a  French  refugee,  Laving 
brought  over  his  family  and  a  small  sum  of  money, 
employed  it  in  purchasing  lots  of  goods  that  had  been 
condemned  at  the  custom-house,  which  he  again  dis- 
posed of  by  retail.  As  these  goods  were  such  as, 
having  a  high  duty,  were  frequently  smuggled, 
those  who  dealt  in  this  way  were  generally  suspected 
of  increasing  their  stock  by  illicit  means,  and 
smuggling,  or  purchasing  smuggled  goods,  under 
color  of  dealing  only  in  goods  that  had  been  legally 
seized  by  the  king's  officers,  and  taken  from  smug- 
glers. This  trade,  however,  did  not,  in  the  general 
estimation,  impeach  his  honesty,  though  it  gave  no 
sanction  to  his  character  ;  but  he  was  often  detected 
in  uttering  false  gold.  He  came  frequently  to  per- 
sons of  whom  he  had  received  money,  with  several 
of  these  pieces  of  counterfeit  coin,  and  pretended 
that  they  were  among  the  pieces  which  had  been 
paid  him ;  this  was  generally  denied  with  great 
eagerness,  but,  if  particular  circumstances  did  not 
confirm    the    contrary,    he  was    always  peremptory 


FAMOUS    CASES    OF 


and  obstinate  in  his  charge.  This  soon  brought  him 
into  disrepute,  and  he  gradually  lost  not  only  his 
business,  but  his  credit  It  happened  that,  having 
sold  a  parcel  of  goods,  which  amounted  to  seventy- 
eight  pounds,  to  one  Harris,  a  person  with  whom 
he  had  before  had  no  dealings,  he  received  the 
money  in  guineas  and  Portugal  gold,  several  pieces 
of  which  lie  scrupled  ;  but  the  man  having  assured 
him  that  he  himself  had  carefully  examined  and 
weighed  those  very  pieces,  and  found  them  good, 
Du  Moulin  took  them,  and  gave  his  receipt. 

In  a  few  days  he  returned  with  six  pieces,  which 
he  averred  were  of  base  metal,  and  part  of  the 
sum  which  he  had  a  few  days  before  received  of 
him  for  the  lot  of  goods.  Harris  examined  the 
pieces,  and  told  Du  Moulin  that  he  was  sure  there 
were  none  of  them  among  those  which  he  had 
paid  him,  and  refused  to  exchange  them  for  others. 
Du  Moulin  as  peremptorily  insisted  on  the  contrary, 
alleging  that  he  had  put  the  money  in  a  drawer  by 
itself,  and  locked  it  up  till  he  offered  it  in  payment 
of  a  bill  of  exchange,  and  then  the  pieces  were 
found  to  be  bad,  insisting  that  they  were  the  same  to 
which  he  had  objected.  The  man  now  became 
angry,  and  charged  Du  Moulin  with  intending  a 
fraud.      Du   Moulin   appeared   to   be   rather  piqued 


CIRCUMSTANTIAL    EVIDENCE.  91 

tiian  intimidated  at  this  charge  ;  and  having  sworn 
that  these  were  the  pieces  he  received  of  Harris, 
Harris  was  at  length  obliged  to  make  them  good  ;  bnt 
as  he  was  confident  Du  Moulin  had  injured  him  by 
a  fraud,  supported  by  perjury,  he  told  his  story 
wherever  he  went,  exclaiming  against  him  with 
great  bitterness,  and  met  with  many  persons  who 
made  nearly  the  same  complaints,  and  told  him  that 
it  had  been  a  practice  of  Dn  Moulin' s  for  a  con- 
siderable time.  Du  Moulin  now  found  himself 
universally  shunned  ;  and  hearing  what  Harris  had 
reported  from  all  parts,  he  brought  his  action  for  de- 
famatory words,  and  Harris,  irritated  to  the  highest 
degree,  stood  upon  his  defense  ;  and,  in  the  mean 
time,  having  procured  a  meeting  of  several  persons 
who  had  suffered  the  same  way  in  their  dealings 
with  Du  Moulin,  they  procured  a  warrant  against 
him,  and  he  was  apprehended  upon  suspicion  of 
counterfeiting  the  coin.  Upon  searching  his  drawers, 
a  great  number  of  pieces  of  counterfeit  gold  were 
found  in  a  drawer  by  themselves,  and  several  others 
were  picked  from  other  money,  that  was  found  in 
different  parcels  in  his  scrutoire  ;  upon  further 
search,  a  flask,  several  files,  a  pair  of  moulds,  seme 
powdered  chalk,  a  small  quantity  of  aqua  regia, 
and  several  other  implements,  were  discovered.     No 


9  2  FAMOUS    CASES    OF 

doubt  could  now  be  made  of  his  guilt,  which  wa,3 
extremely  aggravated  by  the  methods  he  had  taken 
to  dispose  of  the  money  he  made,  the  insolence 
with  which  he  had  insisted  upon  its  being  paid  him 
by  others,  and  the  perjury  by  which  he  had  sup- 
ported his  claim.  His  action  against  Harris  for  de- 
famation was  also  considered  as  greatly  increasing 
his  guilt,  and  everybody  was  impatient  to  see  him 
punished.  In  these  circumstances  he  was  brought 
to  his  trial,  and  his  many  attempts  to  put  off  bad 
money,  the  quantity  found  by  itself  in  his  scrutoire, 
and,  above  all,  the  instruments  of  coining,  which, 
upon  a  comparison,  exactly  answered  the  money 
in  his  possession,  being  proved,  he  was  upon  this 
evidence  convicted,  and  received  sentence  of  death. 

It  happened  that  a  few  days  before  he  was  to  have 
been  executed,  one  Williams,  who  had  been  bred  a 
seal  engraver,  but  had  left  his  business,  was  killed 
by  a  fall  from  his  horse  ;  his  wife  who  was  then 
big  with  child,  and  near  her  time,  immediately 
fell  into  fits,  and  miscarried.  She  was  soon  sensible 
that  she  could  not  live,  and  therefore  sending  for 
the  wife  of  Du  Moulin,  she  desired  to  be  left  alone, 
and  gave  her  the  following  account: 

That  her  husband  was  one  of  four,  whom  she 
named,  that  had  for  many  years  subsisted  by  coun- 


CIRCUMSTANTIAL  EVIDENCE.  93 

terfeiting  gold  coin,  which  she  had  been  frequently 
employed  to  put  off,  and  was  therefore  intrusted 
with  the  whole  secret ;  that  another  of  these  persons 
had  hired  himself  to  Du  Moulin  as  a  kind  of  foot- 
man and  porter,  and  being  provided  by  the  gang 
with  false  keys,  had  disposed  of  a  very  considerable 
sum  of  bad  money,  by  opening  his  master's  scru- 
toire,  and  leaving  it  there  in  the  stead  of  an  equal 
number  of  good  pieces,  which  he  took  out ;  that  by 
this  iniquitous  practice,  Du  Moulin  had  been  de- 
frauded of  his  business,  his  credit,  and  his  liberty, 
to  which  in  a  short  time  his  life  would  be  added, 
if  application  was  not  immediately  made  to  save 
him.  By  this  account,  which  she  gave  in  great 
agonies  of  mind,  she  was  much  exhausted,  and  hav- 
ing given  directions  where  to  find  the  persons  whom 
she  impeached,  she  fell  into  convulsions,  and  soon 
after  expired.  The  woman  immediately  applied  to 
a  magistrate,  and  having  related  the  story  she  had 
heard,  procured  a  warrant  against  the  three  men, 
who  were  taken  the  same  clay,  and  separately 
examined.  Du  Moulin' s  servant  steadily  denied 
the  whole  charge,  and  so  did  one  of  the  other  two  ; 
but  while  the  last  was  examining,  a  messenger  who 
had  been  sent  to  search  their  lodgings,  arrived  with 
\   great   quantity   of  bad    money,  and  many  mstru- 


94  FAMOUS    CASES     OF 

ments  for  coining.  This  threw  him  into  confusion, 
and  the  magistrate,  improving  the  opportunity  by 
offering  him  his  life  if  he  would  become  an  evi- 
dence for  the  king,  he  confessed  that  he  had  been 
long  associated  with  the  other  prisoners  and  the 
man  that  was  dead,  and  he  directed  where  other 
tools  and  money  might  be  found,  but  he  could  say 
nothing  as  to  the  manner  in  which  Du  Moulin' s 
servant  was  employed  to  put  it  off.  Upon  this  dis- 
covery, Du  Moulin' s  execution  was  suspended ; 
and  the  king's  witness  swearing  positively  that  his 
servant  and  the  other  prisoner  had  frequently 
coined  in  his  presence,  and  giving  a  particular  ac- 
count of  the  process,  and  the  part  which  each  ot 
them  usually  performed,  they  were  convicted,  and 
condemned  to  die.  Both  of  them,  however,  still 
denied  the  fact,  and  the  public  were  still  in  doubt 
about  Du  Moulin.  In  his  defense,  he  had  declared 
that  the  bad  money  which  was  found  together  was 
such  as  he  could  not  trace  to  the  persons  of  whom 
he  had  received  it ;  that  the  parcels  with  which 
bad  money  was  found  mixed,  he  kept  separate, 
that  he  might  know  to  whom  to  apply  if  it  should 
appear  to  be  bad  ;  but  the  finding  of  the  moulds 
and  other  instruments  in  his  custody  was  a  par- 
ticular not    yet  accounted  for,    as  he   only  alleged 


CIRCUMSTANTIAL    EVIDENCE.  95 

in  general  terms  that  he  knew  not  how  they  came 
there,  and  it  was  doubted  whether  the  impeach- 
ment of  others  had  not  been  managed  with  a  view 
to  save  him  who  was  equally  guilty,  there  being 
no  evidence  of  his  servant's  treachery  but  that  of 
a  woman  who  was  dead,  reported  at  second  hand 
by  the  wife  of  Du  Moulin,  who  was  manifestly 
an  interested  party.  He  was  not,  however,  charged 
by  either  of  the  convicts  as  an  accomplice,  a  par- 
ticular which  was  strongly  urged  by  his  friends  in 
his  behalf;  but  it  happened  that  while  the  public 
opinion  was  thus  held  in  suspense,  a  private 
drawer  was  discovered  in  a  chest  that  belonged  to 
his  servant,  and  in  it  a  bunch  of  keys,  and  the 
impression  of  one  in  wax ;  the  impression  was 
compared  with  the  keys,  and  that  which  it  cor- 
responded with  was  found  to  open  Du  Moulin' s 
scrutoire,  in  which  the  bad  money  and  implements 
had  been  found.  When  this  particular,  so  strong 
and  unexpected,  was  urged,  and  the  key  produced, 
he  burst  into  tears,  and  confessed  all  that  had  been 
alleged  against  him.  He  was  then  asked  how  the 
tools  came  into  his  masters  scrutoire;  and  he 
answerei,  that  when  the  officers  of  justice  came 
to  seize  his  master,  he  was  terrified  for  himself, 
knowing    that  he    had    in    his    chest    these    instru- 


96  FAMOUS    CASES    OF 

ments,  which  the  private  drawer  would  not  con 
tain,  and  fearing  that  he  might  be  included  in  the 
warrant,  his  consciousness  of  guilt  kept  him  in 
continual  dread  and  suspicion ;  that  for  this  reason, 
before  the  officers  went  up  stairs,  he  opened  the 
scrutoire  with  his  false  key,  and  having  fetched 
his  tools  from  his  box  in  the  garret,  he  deposited 
them  there,  and  had  just  locked  it  when  he  heard 
them   at  the  door. 

In  this  case,  even  the  positive  evidence  of  Du 
Moulin,  that  the  money  he  brought  back  to  Harris 
was  the  same  he  had  received  of  him,  was  not  true, 
though  Du  Moulin  was  not  guilty  of  perjury,  either 
willfully  or  by  neglect,  inattention  or  forgetful  ness. 
And  the  circumstantial  evidence  against  him,  how- 
ever strong,  would  only  have  heaped  one  injury 
upon  another,  and  have  taken  away  the  life  of  an 
unhappy  wretch,  from  whom  a  perfidious  servant 
had  taken  everything  else. 


CIRCUMSTANTIAL    EVIDENCE. 


XVII. 

Case     of     the     Schmidts. 

Lsr  the  town  of  M ,  in  Germany,  resided  a 

goldsmith,  named  Christopher  Rnprecht,  aged  up- 
wards of  sixty ;  rich,  illiterate,  quarrelsome,  cov- 
etous ;  rude  in  speech,  vulgar  in  his  habits  ;  whose 
chief  indulgence  consisted  in  frequenting  low  ale- 
houses, and  mingling  in  such  haunts  with  the  most 
disreputable  among  the  lower  classes  of  his  fellow 
citizens.  His  selfishness  and  repulsive  manners 
had  alienated  from  him  all  his  relations,  with  the 
exception  of  a  sister,  who  resided  with  him,  and  a 
married  daughter,  who  still  continued,  notwithstand- 
ing his  peculiarities  of  temper,  to  visit  him  regu- 
larly, though  as  much  from  interest  perhaps  as 
affection. 

The  favorite  resort  of  Ruprecht  was  a  small  ale- 
house of  the  meanest  order,  situated  at  the  end  of 
a  dark  winding  lane,  and  receiving  as  a  title,  from 
its  gloomy  situation,  and  the  orgies  of  which  it  was 
the  scene,  the  emphatic  monosyllable  usually  ap- 
plied to  the  place  of  darkness.  About  half-past 
eight  o'clock,   on   the  evening  of  the  7th  of  Febru 


98  FAMOUS    CASES     OF 

ary,  1817,  the  goldsmith  repaired  to  this  place 
according  to  his  custom,  took  his  seat  among  the 
circle  which  generally  assembled  round  the  inn 
fire  on  the  first  floor,  and  in  his  usual  overbearing 
style,  joined  in  the  current  conversation.  In  this 
manner  the  time  was  spent  till  past  ten  o'clock, 
when  Ruprecht  despatched  the  landlord  to  the 
ground  floor  for  a  further  supply  of  beer.  As  the 
master  of  the  house  was  reascending  the  stairs  to 
the  company  with  the  liquor  wanted,  a  voice  from 
the  passage  or  outer  door  below,  was  heard  in- 
quiring if  Ruprecht  was  above  ;  and  on  the  land- 
lord replying— without  turning  his  head — in  the 
affirmative,  he  was  desired  by  the  person  below  to 
tell  the  goldsmith  to  come  down.  On  receiving  the 
message,  Ruprecht  rose  immediately,  and  left  the 
room.  A  minute  had  scarcely  elapsed  afterwards, 
when  the  company  heard  distinctly  a  loud  groan- 
ing from  below  stairs,  followed  by  a  sound  as  of  a 
heavy  body  falling  in  the  passage.  All  present,  to 
the  number  of  eleven,  hurried  down  stairs,  where 
they  found  the  goldsmith  lying  near  the  house 
door,  still  alive,  but  covered  with  blood  flowing 
from  a  larg3  wound  on  his  head.  At  a  little  dis- 
tance lay  his  leather  cap,  which  had  been  cut 
through  by  the   blow.     The  only   words  which  the 


CIRCUMSTANTIAL     EVIDENCE.  99. 

wounded  man  uttered,  when  lifted  up,  were  :  ' '  The 
villain — the  villain  with  the  axe!"  and  once  after- 
wards, "My  daughter,  my  daughter!"  She  was 
immediately  sent  for,  but  his  mind  apparently 
wandered,  and  he  did   not  recognize   her. 

No  trace  of  the  author  of  the  deed,  or  of  any 
weapon,  was  visible  in  the  neighborhood.  On 
examination,  the  wound  was  found  to  be  about 
four  inches  long,  extending  along  the  left  side  of 
the  head  from  front  to  back,  and  deeper  in  the 
center  than  at  the  ends.  From  the  force  required 
to  inflict  such  a  blow,  it  was  obvious  that  it  mast 
have  been  done  outside  the  door,  as  the  passage 
within  was  so  low,  that  no  weapon  could  have 
been  raised  sufficiently  high  to  produce  such  an 
injury.  After  receiving  it,  the  goldsmith,  must 
have  been  able  to  stagger  into  the  passage  before 
falling.  On  the  left  side  of  the  door  without,  was 
a  stone  seat,  two  feet  high,  on  which,  it  was  sup- 
posed, the  murderer  must  have  taken  his  stand, 
awaiting  his  victim,  and  directed,  from  this  posi- 
tion, the  deadly  stroke.  Though  Ruprecht's  words 
implied  that  the  weapon  had  been  an  axe,  the 
medical  inspector  was  of  opinion  that  a  saber, 
wielded  by  an  experienced  hand,  was  more  likely 
to   have   been    the    instrument.     The   main   hope   of 


FAMOUS    CASES    OF 


explaining  this  point,  and  of  discovering  the  author 
of  the  deed,  rested  on  the  revelations  which  the 
goldsmith  himself  might  be  able  to  make.  It  was 
not,  however,  till  the  evening  of  the  following  day, 
that  he  appeared  sufficiently  in  his  senses  to  war- 
rant the  judge  in  commencing  his  examination. 
The  wounded  man's  answers  were  given  in  mono- 
syllables.    He  was  asked : 

"Who  struck  you?" 

"Schmidt." 

"What  is  this  Schmidt — where  does  he  reside  ? " 

"  In  the  Most."    (The  Most  is  a  street  of  the  town.) 

"With  what  did  he  strike  you?" 

"A  hatchet." 

"How  did  you  know  him?" 

"By  his  voice." 

"Was  he  indebted  to  you?"  Ruprecht  shook 
his  head. 

"What  was  his  motive?" 

"A  quarrel." 

The  wounded  man  was  so  much  exhausted  by 
these  responses,  that  scarcely  any  other  questions 
could  be  put  to  him,  excepting  the  request,  that  he 
would  again  name  the  individual  who  had  struck 
him.  His  repeated  answer  was,  "  Schmidt- 
woodcutter." 


CIRCUMSTANTIAL    EVIDENCE.  101 

Who,  then,  was  this  Schmidt  % — a  name,  it  is  to 
oe  observed,  not  less  common  in  Germany  than 
Smith  is  in  England.  It  turned  out  that  there 
were  three  Schmidts,  woodcutters,  in  the  town, 
two  of  whom  were  brothers,  and  lived  in  the  Most, 
the  street  indicated  by  the  goldsmith. ;  while  the 
third,  Christopher  Schmidt,  lived  in  the  street  called 
the  Hohen  Pilaster.  The  brothers  were  usually 
named  from  their  different  heights,  the  Great 
Schmidt  and  the  Little  Schmidt,  and  they  proved 
to  be  old  acquaintances  of  Ruprecht,  bat  to  have 
recently  ceased  to  be  on  familiar  terms  with  him, 
chiefly  because  the  Great  Schmidt  had  given  evi- 
dence against  him  in  an  action  of  damages.  Re- 
garding Christopher  Schmidt,  it  was  ascertained 
that,  at  a  former  period  of  his  life,  he  had  been 
imprisoned  under  a  charge  of  accession  to  a  rob- 
bery. Before  proceeding  to  the  arrest  of  any  of 
these  individuals,  Ruprecht,  whose  skull  had  in 
the  interval  been  trepanned,  in  order  to  raise  the 
depressed  bone,  was  again  asked,  at  a  favorable 
moment,  a  string  of  questions  similar  to  the  former, 
and  gave  the  same  responses,  excepting  in  one  im- 
portant point.  On  being  asked  whether  the  Great 
or  the  Little  Schmidt  was  the  gnilty  person,  he 
tried  to   speak,   but  failed.     He   was   then  asked    if 


FAMOUS    CASES    OF 


the  Most  was  the  street,  but  was  silent.  To  the 
next  question,  ' '  If  the  Hohen  Pilaster  was  the 
man's  residence?"  he  answered  with  difficulty, 
but  distinctly,  "Yes,"  and  then  relapsed  into  the 
state  of  insensibility   which   was  common  to  him. 

All  three  Schmidts  being  thus  implicated  in 
suspicion,  they  were  taken  into  custody,  for  the 
purpose,  in  the  first  place,  of  being  confronted  with 
the  wounded  man,  and  to  have  the  guilty  indi- 
vidual, if  possible,  identified  by  him.  But  Ru- 
precht,  though  sensible,  was  unable  to  open  his 
eyes,  and  the  main  object  of  the  interview  was 
thus  defeated.  The  behavior  of  the  suspected  per- 
sons was,  however,  so  very  different,  as  to  excite 
the  strongest  hopes  that  the  matter  would  be 
cleared  up.  The  brothers  Schmidt  were  calm  and 
composed  on  being  brought  into  the  goldsmith's 
presence  ;  they  spoke  to  him,  called  him  by  name, 
and  expressed  the  greatest  sympathy  for  his  situa- 
tion. Christopher  Schmidt,  on  the  contrary,  was 
agitated  and  restless  ;  when  asked  if  he  knew  the 
person  in  bed,  he  first  said  he  did  not  know  him, 
and  then  that  he  did  know  him ;  first,  that  he  re- 
mained in  his  mother-in-law's  house  on  the  night 
of  the  murder  till  eleven,  and  afterwards,  that  he 
was  in  his  own  house  in  bed  at  nine.     He  at  the 


CIRCUMSTANTIAL     EVIDENCE.  103 

same  time  protested  his  entire  innocence,  and  ap- 
pealed to  the  testimony  of  his  wife,  his  mother-in- 
law,  and  his  neighbors.  His  agitation  and  con- 
tradictions drew  the  suspicion  of  all  from  the  other 
Schmidts  upon  him,  and  he  was  committed  by  the 
'  judge  to  prison.  All  hope  of  further  information 
from  the  victim  himself,  was  put  an  end  to  by  his 
death  on  the  following  day,  the  second  from  the 
accident. 

Subsequent  investigations  tended  to  increase  the 
suspicions  against  Christopher  Schmidt,  which  his 
behavior  on  the  first  occasion  had  awakened.  On 
inspecting  his  house,  the  handle  of  his  axe,  near 
the  blade,  was  found  to  be  streaked  with  blood  ! 
The  truth  of  the  report  as  to  his  former  imprison- 
ment he  did  not  attempt  to  deny,  but  alleged  that 
he  had  been  merely  made  the  innocent  instrument 
of  conveying  stolen  property  from  one  place  to 
another.  On  undergoing  another  examination,  his 
contradictions  were  even  more  glaring  than  before. 
To  the  question,  "How  he  came  to  know  Ruprecht 
in  bed,  when  he  stated  that  he  had  never  seen  him 
before,"  he  said  that  he  knew  him  from  having 
heard  of  his  accident,  and  from  being  aware  of  the 
object  of  his  own  visit  to  the  goldsmith's  house. 
He  stated  that  he  had  been  with  his  wife  and  child 


io4  FAMOUS    CASES    OF 

to  his  mother-in-law's  house,  where  they  wrought 
at  some  in-door  work,  to  save  candles  at  home. 
It  was  impossible  to  ascertain  from  his  answers 
the  time  at  which  he  had  come  from  his  mother-in- 
law's  house  to  his  own.  He  first  averred  that  he 
had  come  home  with  his  child  at  nine,  and  that  his 
wife  had  come  an  hour  after  him ;  then,  that  his 
wife  had  returned  with  him  at  ten  o'clock  ;  then 
that  he  was  asleep,  and  did  not  know  when  she 
came ;  and  made  fresh  contradictions,  in  short,  with 
regard  to  time,  at  every  query  put  to  him.  All 
these  things — his  variations,  his  agitation,  his  down- 
cast and  suspicious  look,  his  previous  imprison- 
ment, the  spots  upon  his  axe,  the  expression  oi 
the  dying  man,  which  pointed  most  strongly  to 
him — when  taken  together,  formed  a  strong  com- 
bination of  circumstances  against  Christopher 
Schmidt.  Indeed,  his  guilt  was  scarcely  doubted  of 
by    any   one. 

On  the  other  hand,  after  men's  minds  became 
capable  of  calmer  reflection  on  the  subject,  the  very 
grossness  of  these  contradictions  seemed  to  lead  to 
the  inference,  that  they  arose  from  a  deficiency  of 
intellect,  or  from  a  mind  disordered  by  temporary 
anxiety  and  fear,  or  from  both  cause?,  rather  than 
from  a  desire  to  conceal   the   truth.     The   report   oi 


CIRCUMSTANTIAL    EVIDENCE.  105 

the  neighbors,  when  their  evidence  was  collected, 
corroborated  this  conjecture ;  his  stolidity  and  dull 
ness  of  intellect  was  such  as  to  have  acquired  for 
him  the  common  nickname  of  "The  Sheep."  He 
never  was  capable,  it  was  found,  of  expressing  him- 
self clearly,  and  it  followed  that,  under  such  cir- 
cumstances as  a  charge  of  murder,  this  deficiency 
must  evidently  have  been  greatly  aggravated. 
From  such  a  character  as  this,  the  statement, 
illogical  as  it  was,  that  he  knew  Ruprecht  in  bed 
from  having  heard  of  his  accident,  was  natural 
enough.  With  regard  to  the  contradictory  repre- 
sentations regarding  the  hour  of  his  return,  the 
inconsistency  might  be  in  part  explained  away  by 
supposing  his  wife  to  have  first  gone  home  with 
him,  seen  him  to  bed  with  the  child,  and  after- 
wards to  have  returned  to  her  mother's  for  a  short 
period  before  she  finally  came  to  sleep  in  her  own 
house.  This  was,  in  fact,  substantially  proved  by 
subsequent  investigations  of  Schmidt's  mother-in- 
law  and  wife.  They,  with  other  witnesses,  proved 
that  the  wife,  having  seen  her  husband  home,  went 
back  to  her  mother's  to  finish  some  work,  and  after 
an  hour  or  an  hour  and  a  half's  stay,  returned  to 
her  own  domicile.  It  was  remarkable,  however, 
that  these   two   witnesses  differed  considerably  with 


io6  FAMOUS    CASES    OF 


respect  to  the  hours  at  which  these  events  took 
place.  These  discrepancies  were  held  to  arise  from 
the  fact,  that  the  night  in  question  was  a  long  and 
dark  one  in  February,  and  that  no  clocks  were 
within  reach  of  the  parties.  This  gave  a  favora- 
ble color  also  to  Schmidt's  own  inconsistencies  as 
to  time,  particularly  when  taken  in  connection  with 
the  man's  unquestionable  stupidity. 

But — admitting  the  wife's  statement  to  be  cor- 
rect— Christopher  Schmidt  was  left  alone  for  an 
hour  and  a  half  at  the  very  time  the  deed  was  corn- 
committed.  The  ale-house  where  it  took  place, 
however,  was  a  mile  and  a  quarter  from  Schmidt's 
dwelling  ;  and  to  have  been  the  actor  in  the  deed, 
he  must  have  sprung  from  bed  at  the  moment  of 
his  wife's  departure,  hurried  to  the  spot,  com- 
mitted the  murder,  and  then  been  in  bed  a  quarter 
of  an  hour  afterwards.  Was  this  energetic  vil- 
lainy likely  to  have  been  exhibited  by  one  so  slow 
and  sluggish  in  intellect  and  behavior  as  Schmidt 
was  proved  to  be?  The  thing  was  felt  by  all,  on 
reflection,    to   be  barely  possible. 

But,  again,  the  blood  on  the  handle  of  the  ax-? 
The  accused,  on  being  questioned  respecting  this, 
said,  that  if  such  stains  existed,  of  which  he  knew 
nothing,  they   must  have    proceeded   from   a   swell- 


CIRCUMSTANTIAL    EVIDENCE.  107 


ing  in  the  band — which  he  showed — that  had 
burst  some  days  before.  The  swelling,  it  was 
replied,  is  in  the  right  hand,  while  the  stains  are 
upon  the  upper  of  the  handle,  which  is  always 
held  in  the  left  hand.  "I  am  left-handed"  said 
the  accused ;  and  on  inquiry  among  his  asso- 
ciates, it  was  found  to  be  the  case.  Further  ex- 
amination, also,  showed  that  the  axe  of  Schmidt 
could  not  have  been  the  instrument  of  death,  the 
wound  in  the  head  being  four  inches  long,  while 
the  axe's  blade  was  barely  three  inches.  A  strong 
additional  testimony  in  Schmidt's  favor,  was  the 
discovery  that  he  had  actually  been  free  of  all 
guilt,  as  he  had  represented,  on  the  occasion  of 
his  former  imprisonment,  and  that  his  general 
character  everywhere  was  that  of  a  sober,  indus- 
trious,   peaceable    man. 

Thus,  one  by  one,  the  grounds  of  suspicion 
which  had  at  first  appeared  to  be  assuming  so 
firm  and  compact  a  form,  crumbled  away,  and, 
though  not  yet  finally  liberated,  it  was  apparent  to 
all  that  Christopher  Schmidt  would  be  acquitted. 
But,  as  the  clouds  of  suspicion  passed  from  Chris- 
topher, they  gathered  for  a  time  round  the  heads 
of  his  namesakes,  the  Great  and  Little  Schmidts 
of  the   Most.     These   men,  it  was  recollected,  knew 


108  FAMOUS    CASES    OF 

Ruprecht,  which  Christopher  did  not ;  they  had, 
moreover,  been  actually  placed  in  an  inimical  posi- 
tion with  respect  to  the  deceased.  They  had  borne 
evidence  against  him,  in  an  action  instituted  by 
two  respectable  surveyors,  whose  names  the  gold- 
smith had  publicly  vilified.  Ruprecht  had  lost 
the  cause,  and  had  been  sentenced  to  a  short  con- 
finement on  bread  and  water.  At  his  liberation,  he 
had  set  on  foot  an  action  of  retaliation  against  the 
surveyors,  which  was  still  undecided  at  the  time 
of  the  murder.  Could  the  surveyors  have  made 
use  of  their  former  witnesses,  the  Schmidts,  to  rid 
themselves  of  their  pertinacious  opponent  ?  The 
high  character  of  the  men  rendered  this  supposition 
improbable;  and  after  it  had  lived  for  but  a  short 
time  on  the  public  breath,  it  was  completely  ex- 
tinguished by  the  coming  forward  of  several  wit- 
nesses, who  spoke  to  the  fact  of  the  brothers 
Schmidt  having  come  home  early  on  the  night  of 
the  goldsmith's  death,  and  not  having  left  the 
house  till   next  morning. 

While  all  grounds  for  suspicion  to  rest  upon 
were  thus  disappearing  as  far  as  the  parties  first 
implicated  were  concerned,  some  new  discoveries, 
or  rather  conjectures,  were  made,  which  drew  the 
eyes    of    justice    to    an    entirely    different    quarter 


CIRCUMSTANTIAL     EVIDENCE.  rcq 

Two  other  Schmidts,  woodcutters  also,  were  found 
out,  not  living  in  the  town  indeed,  but  in  the 
suburbs.  One  of  these  men  was  woodman  to 
Berenger,  Ruprecht's  son-in-law,  and  this  circum- 
stance seems  to  have  originated  a  new  train  of 
thinking  in  the  minds  of  the  official  persons  of  the 
town,  though  no  ground  of  suspicion  could  be  found 
against  the  newly  discovered  Schmidts.  One  of 
Ruprecht's  first  expressions,  it  will  be  remembered, 
after  receiving  the  blow,  was,  "My  daughter!  my 
daughter!"  These  words  had  been  naturally  in- 
terpreted at  the  time  into  an  expression  of  anxiety 
to  see  her,  but  circumstances  subsequently  emerg- 
ing, seemed  to  render  it  doubtful  whether  his  ex- 
clamation did  not  bear  a  less  favorable  meaning. 
The  matrimonial  life  of  Berenger  and  his  wife  had 
long  been,  it  appeared,  an  unhappy  one ;  Berenger 
had  often  made  complaints  against  his  wife  to  her 
father.  Recently,  some  steps  taken  by  the  husband 
had  ended  in  making  the  wedded  pair' s  life  a  little 
more  harmonious,  but  they  had,  at  the  same  time, 
exasperated  Ruprecht's  mind  in  the  highest  de- 
gree against  Berenger.  A  short  time  before  his 
death,  the  goldsmith  had  been  heard  to  call  his 
son-in  law  a  villain  ;  and  he  had  also  for  some  time 
past    entertained  the   resolution   of   making   a  will, 


FAMOUS    CASES    OF 


leaving  all  to  his  daughter,  and  beyond  her  hus- 
band's control.  This  resolve  he  had  announced  tc 
his  daughter,  about  two  months  before  his  death, 
and  also  to  his  apprentice,  Hogner.  Nay,  within  a 
few  hours  of  his  accident,  he  had  sent  for  Hogner 
to  assist  in  arranging  his  papers,  preparatory  tc 
the  execution  of  the  will  on  the  following  Sunday. 
This  intention  he  had  expressed  in  the  hearing  of 
of  the  maid  servant.  These  remarkable  circum- 
stances directed  the  attention  of  justice  to  Berenger, 
who  might  have  heard  of  the  old  man's  determina- 
tion ;  and  a  sufficient  motive  for  a  desire  on  his 
part  to  get  rid  quickly  of  the  goldsmith  would 
thus   have  been   established. 

Berenger,  according  to  account,  showed  no  emo- 
tion or  sympathy  on  hearing  of  the  accident,  and 
his  wife,  it  was  said,  showed  also  a  want  of  feeling. 
One  of  her  first  concerns  was  to  see  whether  her 
father  had  his  keys  about  him;  and  having  ascer 
tained  that  he  had,  she  took  possession  of  and 
walked  away  with  them.  She  had,  besides,  shown 
a  strong  anxiety  to  criminate  one  of  the  Schmidts, 
reporting  several  speeches  against  him,  from  her 
father's  lips,  which  no  one  else  had  heard.  Several 
other  minor  incidents  seemed  to  bear  against  the 
Berengers.    In  interpreting  her  father's  dying  words 


CIRC  UMSTANTIAL    E  VIDENCE,  i  1 1 

with  this  view,  it  was  thought  that  the  old  man, 
feeling  himself  struck  with  what  he  conceived  to  be 
an  axe,  would  immediately  revert  in  his  mind  to 
the  woodcutters,  the  Schmidts,  who  had  borne  a 
part  against  him  in  the  suit  then  pending,  and 
which  occupied  at  the  time  much  of  his  attention. 
Tins  was  the  sense  now  put  upon  the  goldsmith's 
mention  of  the  name  of  Schmidt. 

Here  also,  however,  as  in  the  former  cases,  the 
grounds  of  suspicion  vanished,  one  by  one,  into  thin 
air.  That  the  words  "my  daughter"  bore  no  mean- 
ing unfavorable  to  the  Berengers,  was  proved  by 
the  statement  of  Ruprecht's  sister,  that  such  was 
her  brother's  common  expression  when  anything 
troubled  him  ;  it  was  also  proved,  on  better  inquiry, 
that  Berenger's  wife  had  shown  deep  feeling  for  her 
father,  and  had  only  taken  away  his  keys  on  the 
surgeon  suggesting  that  the  murder  might  be  a  pre- 
limary  to  robbery;  it  was,  however,  sworn  by  the 
wife,  the  apprentice,  and  the  maid  servant,  that  they 
had  never  spoken  of  the  will — a  thing,  indeed,  most 
unlikely  for  the  wife  to  do,  when  she  alone  was  to 
to  be  benefited  by  it;  and,  finally,  there  was  dis- 
tinct evidence  that  Berenger  himself,  at  least,  had 
not  been  the  murderer,  as,  at  the  time  of  it,  he  was 
quietly  seated  in  the  parlor  of  the  Golden  Fish.    By 


ii2  FAMOUS    CASES    OF 

this  and  other  evidence,  the  suspicion  against  the 
Berengers  fell  to  peices. 

Even  after  all  these  failures,  the  investigation 
was  not  abandoned.  A  soldier,  who  was  indebted 
to  Ruprecht,  and  who  had  been  threatened  by  him, 
on  the  day  of  the  accident,  with  hard  measures,  was 
the  person  next  brought  under  examination.  After 
the  fabric  of  evidence  in  this  case  also  bad  gathered 
strength,  it  was  at  once  overturned  by  a  clear  proof 
of  an  alibi. 

Here,  at  last,  justice  was  obliged  to  give  up  the 
pursuit  ;  nor  has  any  light  since  been  thrown  on 
this   strange    story. 


CIRCUMSTANTIAL    EVIDENCE.  113 


XVIII. 

Case     of     Mistaken      Medical     Testimony. 

The  following  narrative,  while  it  strikingly  ex- 
hibits the  fallible  and  uncertain  nature  of  circum- 
stantial evidence,  affords  also  a  convincing  proof  of 
the  indispensable  necessity  of  procuring  medical 
testimony  of  the  highest  order,  in  all  criminal 
cases  relating  to  injuries  of  the  person.  The  nar- 
rator, Mr.  Perfect,  a  surgeon  at  Hammersmith,  sent 
the  statement  to  the  editor  of  the  Lancet  (Mr. 
Wakley)  in  January,  1839  : — 

"It  is  now  thirty  years  ago,  that  accidentally 
passing  the  Packhorse,  Turnham  Green,  my  atten- 
tion was  attracted  by  a  mob  of  persons  of  the 
lowest  order  assembled  around  the  door  of  that  inn, 
who  were  very  loud  in  their  execrations  against 
some  person  who  was  suspected  of  having  murdered 
his  brother ;  in  corroboration  of  which,  I  was  told 
that  his  bones  were  found  near  the  premises  where 
he  formerly  resided,  upon  view  of  which  a  jury 
was  then  sitting,  after  an  adjournment  from  the 
day  preceding.      I    found    that    two    surgeons   had 


ii4  FAMOUS    CASES     OF 


been  supcenaed  to  inspect  the  remains,  and  I  had 
no  doubt  but  that  every  information  as  to  their 
character  had  been  obtained ;  curiosity  alone,  there- 
fore, induced  me  to  make  way  into  the  room,  where 
I  found  that  the  coroner,  and,  I  believe,  a  double 
jury,  were  sitting  for  the  second  day,  arid  were 
engaged  in  an  investigation  which  tended  to  show 
that  a  farmer  and  market  gardner  at  Suttoncourt 
Farm,  had,  a  few  years  before,  a  brother  living 
with  him,  who  was  engaged  in  the  farm,  but  whose 
conduct  was  dissolute  and  irregular  to  a  degree 
that  often  provoked  the  anger  of  his  elder  brother, 
and  sometimes  begat  strife  and  violence  between 
them ;  that  the  temper  of  the  elder  brother  was  as 
little  under  control  as  the  conduct  of  the  younger ; 
and,  in  fine,  that  they  lived  very  uncomfortably 
together. 

"  One  winter  night,  when  the  ground  was  covered 
with  snow,  the  younger  brother  absconded  from  the 
house  (for  they  both  lived  together),  by  letting  him- 
self down  from  his  chamber  window  ;  and  when  he 
was  missed  the  ensuing  morning,  his  footsteps  were 
clearly  tracked  in  the  snow  to  a  considerable  dis- 
tance, nor  were  there  any  other  footsteps  but  his 
own.  Time  passed  on,  and  after  a  lapse  of  some  few 
years  no  tidings  were  heard   of  his  retreat,  nor  per- 


CIRCUMSTANTIAL  EVIDENCE.  115 

haps  have  there  ever  been  since.  Some  alterations 
in  the  grounds  surrounding  the  house  having  been 
xmdertaken  by  a  subsequent  tenant  (for  the  elder 
brother  had  then  left  the  farm),  a  skeleton  was 
dug  up,  and  the  circumstance  appeared  so  con- 
clusive that  one  brother  had  murdered  the  other, 
that  the  popular  clamor  was  raised  to  the  utmost, 
and  a  jury  impanneled  to  investigate  the  case. 

"  After  listening  attentively  to  these  details,  I 
ventured  to  request  of  the  coroner  to  be  allowed 
to  examine  the  bones,  which  I  found  were  con- 
tained in  a  hamper  basket  at  the  further  end  of 
the  room,  and  I  felt  much  flattered  by  his  imme- 
diate compliance,  for  he  desired  the  parish  beadle, 
who  was  in  attendance,  to  place  them  upon  the 
table  ;  and  having  himself  disposed  them  in  their 
natural  order,  I  found  that  they  represented  a 
person  of  short  statute,  and  from  the  obliteration 
of  the  sutures  of  the  skull,  and  the  worn-down 
state  of  the  teeth,  must  have  belonged  to  an  aged 
person.  But  what  was  my  surprise  when  I  recon- 
structed the  bones  of  the  skeleton,  and  found  the 
lower  bones  of  the  trunk  to  be  those  of  a  female. 
I  immediately  communicated  the  fact  to  the  jury, 
and  requested  that  the  two  medical  men  who  had 
before  given  their  opinions  might  be  sent  for,  one 


xi6  FAMOUS    CASES    OF 

of  whom  attended,  and  without  a  moment's  hesita- 
tion corroborated  my  report. 

' i  I  need  not  add  that  the  proceedings  were  in- 
stantly at  an  end,  and  an  innocent  man  received 
the  amende  honorable,  in  the  shape  of  an  apology, 
from  all  present,  in  which  the  coroner  heartily 
joined.  It  has  since  been  proved  beyond  all  doubt 
that  the  spot  where  the  bones  were  found  was  for- 
merly the  site  of  a  large  gravel  pit,  in  which  hordes 
of  gipsies  not  only  assembled,  but  occasionally 
buried  their  dead,  and  perhaps  more  skeletons  are 
yet  to  be  found  in  that  vicinity." 


CIRCUMSTANTIAL    EVIDENCE.  117 


XIX. 

Case     of     James     Bax  well. 

In  the  year  1841,  at  Gibraltar,  there  occurred  one 
of  those  extraordinary  cases,  which  show  us  how  in- 
effectively the  roniancist,  even  when  his  imagination 
is  strained  to  the  uttermost,  can  portray  the  extremes 
of  passion  of  which  human  nature  is  susceptible.  A 
communication,  bearing  date  Feberuary  20th,  from 
the  rock-built  fortress  which  England  keeps  as  a  key 
to  the  Mediterranean,  relates  the  following  par- 
ticulars : 

A  respectable  merchant,  named  James  Baxwell, 
born  at  London,  had  removed  in  early  life  to  Gibral- 
tar, induced  partly  by  the  circumstance  of  his  being 
of  the  same  religious  persuasion  to  which  the  people 
of  his  adopted  country  belonged.  For  many  years 
he  occupied  a  small  dwelling  near  the  base  of  Mount 
St.  Michael,  so  renowned  for  its  caves  and  crystal- 
lizations. He  carried  on  a  successful  traffic  in  all  the 
articles  of  British  manufacture  introduced  into  Spain. 
He  acquired,  in  truth,  a  very  considereble  fortune  in 
this  way.  All  the  country  knew  that  he  had  a  large 
amount  of  treasure  lying  by  him,  not  to  speak  of  the 
Vapital  belonging   to   him,   which  was  embarked  in 


1x8  FAMOUS    CASES    OF 

commerce.     His  name  was  one  of  credit  in  all  the 
principal  houses  of  exchange  in  Europe. 

James  Baxwell  had  a  daughter,  an  only  daughter, 
aged  seventeen,  and  of  remarkable  beauty.  Her 
countenance  and  figure  combined  in  a  most  agreeable 
manner  the  peculiar  charms  of  the  Englishman  with 
the  soft  and  languishing  characteristics  of  the 
Spaniard.  Young  as  she  was,  she  had  been  for  some 
two  or  three  years  an  object  of  devoted  admiration  to 
all  the  youths  around  Gibraltar.  At  church  they 
devoured  her  with  their  eyes ;  and  many,  many  a 
one  thought  to  himself  that  happy  above  all  men 
would  be  he  who  could  win  the  smiles  of  Elezia  Bax- 
well. But  Elezia  bestowed  her  smiles  upon  no  one. 
She  seemed,  to  those  whose  involuntary  sighs  she 
excited,  to  carry  maidenly  modesty  to  freezing  cold- 
ness. At  mass,  Tier  eyes  were  ever  bent  upon  her 
book,  regardless  of  all  the  glances  cast  upon  her  by 
others. 

Such  was,  at  least,  the  case,  till  shortly  before  the 
events  to  be  narrated.  At  length,  however,  Elezia 
did  see  one  who  awakened  in  herself  some  of  the 
emotions  which  she  had  caused  in  others.  At  mass, 
one  day,  she  observed  the  eyes  of  a  young  stranger 
fixed  upon  her  with  an  expression  of  admiration  and 
respect.     To  her  he  seemed  a  being  superior  to  all 


CIRC  UMSTANTIAL     E  VIDENCE. 


119 


the  young  men  she  had  ever  yet  beheld.  From  that 
moment,  her  calm  and  self-possessed  demeanor  left 
her  for  ever.  Abroad  and  at  home,  she  was  restless 
and  uneasy.  But,  ere  long,  the  stranger  found  an 
opportunity  of  being  introduced  to  her,  and  mutual 
avowals  of  love  followed  at  no  great  distance  of 
time. 

Assured  of  the  affections  of  Elezia,  the  young 
stranger  then  presented  himself  to  Mr.  Baxwell.  "  I 
am  named  William  Katt,"  said  he  to  the  merchant; 
"I  am,  like  yourself,  an  Englishman;  I  am  of 
respectable  family  and  character,  young,  and 
wealthy.  Give  me  your  daughter  —  we  love  one 
another." 

"Never!"  said  James  Baxwell,  to  whom  the 
position  and  circumstances  of  the  young  man  were 
not  unknown  ;  "  never  !  You  belong  to  the  denomi- 
nant  religion  of  England,  by  which  my  fathers  suf- 
fered so  much  and  so  long.  You  are  a  Lutheran  and 
my  daughter  is  a  Catholic.  Such  a  union  could  not  be 
happy  ;  nor  will  I  ever  give  my  consent  to  it.  Elezia 
shall  never  be  yours  ! "  The  daughter,  informed  of 
this  declaration,  threw  herself  at  the  feet  of  her 
father,  and  endeavored  to  move  him  from  his  pur- 
pose. Her  lover  did  the  same.  But  the  father 
remained  obstinate,  and  a  violent  scene  took  place 


FAMOUS    CASES     OF 


between  Elezia  and  her  parent.  The  blood  of  the 
fiery  South  coursed  in  the  daughter's  veins,  and  she 
declared  that  she  would  marry  the  object  of  her 
choice,  despite  of  all  opposition.  James  Baxwell,  on 
the  other  hand,  declared  that  he  would  sooner  kill 
her  with  his  own  hands,  than  see  her  carry  such  a 
resolution  into  effect.  As  to  William  Katt,  who 
stood  by  at  this  scene,  he  kept  silence.  What 
thoughts  were  revolving  in  his  mind,  it  would  be 
difficult  to  say. 

Two  days  afterwards,  an  alarming  noise  was  heard 
by  the  neighbors  to  issue  from  a  cave  immediately 
adjoining  the  merchant's  house,  and  used  by  him  for 
some  domestic  purposes.  TJie  noise  consisted  at 
first  of  loud  cries,  which  gradually  became  fainter, 
and  at  length  died  altogether  away.  The  auditors 
looked  at  each  other  with  amazement,  and  many 
were  the  conjectures  as  to  the  cause  of  the  sounds 
alluded  to.  A  solution  of  the  mystery  was  not  long 
in  suggesting  itself.  Elezia  had  disappeared ;  she 
was  no  longer  to  be  seen  about  her  father's  house. 
After  many  low  murmurs  had  circulated,  the  father 
was  interrogated  respecting  his  daughter.  He  said 
that  she  was  missing,  certainly  ;  but  whither  she  had 
gone,  he  knew  not.  He  had  nothing  whatever  to  do, 
he  said,  with  her  disappearance. 


CIRCUMSTANTIAL    EVIDENCE.  121 

This  explanation  was  not  satisfactory.  The 
whisper  went  abroad  that  James  Baxwell  had 
assassinated  his  daughter,  to  prevent  her  marriage 
with  William  Katt,  and,  ultimately,  this  conjecture 
was  so  forcibly  pressed  on  the  attention  of  the  public 
authorities,  that  they  were  compelled  to  arrest  James 
Baxwell,  and  inquire  into  the  matter.  The  dwelling 
of  the  merchant  was  examined,  but  nothing  crimina- 
tory was  found.  "  The  cave  !  the  cave  is  the  place !  " 
cried  some  of  the  crowd.  The  magistrates  then 
descended  into  the  cave,  and  there,  on  lifting  some 
loose  stones,  they  found  a  portion  of  Elezia'  s  dress, 
sprinkled  all  over  with  blood.  They  also  discovered 
a  small  quantity  of  hair,  clotted  with  gore,  and  that 
hair  was  recognized  by  many  as  having  been  taken 
from  the  head  of  Elezia. 

Baxwell  protested  his  innocence.  But  the  proof 
seemed  strong  against  him,  and  he  was  regularly 
brought  to  trial.  The  result  was  his  conviction  for 
the  murder  of  his  daughter,  and  his  condemnation 
to  death. 

On  receiving  sentence,  the  unhappy  merchant 
trembled  to  excess,  and  afterwards  seemed  utterly 
overpowered  by  the  dreadful  nature  of  his  situation. 
He  continued  in  a  state  almost  of  total  insensibility 
during   the  interval  between   his  trial  and  the  day 


FAMOUS     CASES     OF 


appointed  for  his  execution.  On  the  morning  of  the 
latter  day,  the  jailer  came  to  announce  to  him.  for 
the  final  time,  that  the  moment  was  at  hand.  The 
merchant  was  seized  again  with  a  fearful  trembling, 
and  he  cried,  what  he  had  reiterated  to  all  who  saw 
him  in  his  confinement :  "Before  my  Maker,  I  swear 
that  I  am  guiltless  of  my  child's  death  !  " 

They  led  him  out  to  the  scaffold.  There  he  found, 
among  others,  William  Katt,  who,  it  should  have 
been  said,  was  the  most  important  witness  against 
him  at  his  trial,  having  repeated  to  the  court  the 
threat  of  assassination  which  had  been  uttered  by 
James  Baxwell  in  his  presence  against  Elezia.  No 
sooner  did  the  doomed  merchant  behold  Katt,  than 
he  exclaimed,  at  the  very  foot  of  the-  scaffold  :  "My 
friend,  in  one  minute  I  shall  be  in  eternity.  I  wish 
to  die  in  peace  with  all  men.  Give  me  your  hand — ■ 
I  pardon  you  freely  for  the  injury  your  evidence  has 
done  to  me."  Baxwell  said  this  with  some  com- 
posure, but  the  effect  of  his  words  upon  Katt  were 
very  striking.  He  became  pale  as  death,  and  could 
not  conceal  the  depth  of  his  agitation. 

Baxwell  mounted  the  steps  of  the  gallows  slowly, 
and  gave  himself  up  to  the  hands  of  the  executioner, 
to  undergo  death  by  the  rope.  According  to  the 
ancient  custom  of    Gibraltar,   the  executioner  com- 


CIRCUMSTANTIAL     EVIDENCE.  123 

nienced  his  last  duties  by  crying  in  a  loud  voice  :  "Jus- 
tice is  doing!  Justice  is  done!"  He  then  placed 
the  black  bonnet  on  the  head  of  the  condemned 
merchant,  and  pulled  it  down  in  front,  so  as  to  cover 
the  eyes.  He  had  just  done  this,  when  he  was  stopped 
in  his  proceedings  by  a  loud  cry  from  the  side  of 
the  scaffold:   "  It  is  I  who  am  guilty — I  alone/" 

This  cry  came  from  William  Katt.  The  magis- 
trates in  attendance  instantly  called  him  forward, 
and  demanded  an  explanation.  The  young  man 
avowed  that  he  had  carried  off  Elezia,  with  her  con- 
sent, to  be  his  wife,  and  that  she  was  now  residing 
not  far  off,  in  concealment.  But  to  her  he  did  not 
communicate  other  measures  which  he  had  taken, 
chiefly  to  revenge  himself  for  the  scorn  of  her  father. 
He  had  contrived  to  cut  off  a  portion  of  her  hair 
while  she  slept.  He  had  clotted  it  with  the  blood  of 
a  lamb,  and  had  also  sprinkled  in  the  same  way  a 
part  of  Elezia' s  dress,  which  he  had  purloined. 
These  articles  he  had  placed  in  the  cave,  and  there, 
also,  had  he  emitted  personally  those  cries  which 
had  borne  so  heavily  against  the  merchant.  The 
generous  pardon  which  the  merchant  had  bestowed 
on  him  at  the  scaffold,  had  awakened  (the  young 
man  said)  instantaneous  remorse  in  his  breast,  and 
compelled  him  to  avow  the  truth. 

J 


124  FAMOUS    CASES    OF 

This  confession  was  partly  made  at  the  scaffold, 
and  partly  afterwards.  As  soon  as  Katt  had  spoken 
out  decisively,  the  executioner  had  turned  to  James 
Baxwell,  to  take  from  him  the  insignia  of  death. 
The  merchant,  almost  unobserved,  had  sunk  down 
into  a  sitting  posture.  The  black  bonnet  was  drawn 
by  the  executioner  from  off  his  eyes  and  head.  It 
was  found  that  he  was  a  corpse  !  No  exertions  had 
the  slightest  effect  in  awakening  in  him  the  spark 
of  life.  The  physicians,  saying  all  they  could  on 
such  a  subject,  declared  that  he  had  died  from  the 
effects  of  strong  imagination. 

William  Katt  was  conducted  to  prison  amid  the 
clamors  of  the  populace,  there  to  await  judgment 
for  his  misdeeds. 

Elezia,  the  unhappy  daughter  of  an  unhappy 
father,  retired  to  a  convent  for  life  immediately  on 
learning  all  that  had  passed. 


CIRCUMSTANTIAL     EVIDENCE.  125 


XX. 

Case     of     John      Miles. 

William  Ridley  kept  the  Red  Cow,  a  public 
house  at  Exeter.  John  Miles  was  an  old  acquaint- 
ance of  Ridley's,  but  they  had  not  seen  each  other 
tor  some  time  (Miles  living  some  distance  off),  when 
they  met  one  morning,  as  the  latter  was  going  a  little 
way  to  receive  some  money.  They  adjourned  to  the 
next  public  house,  and,  after  drinking  together, 
Ridley  told  Miles  that  he  must  go  about  the  business 
which  brought  him  from  home,  which  was  to  receive 
a  sum  of  money,  but  made  him  promise  to  wait  for 
his  coming  back.  Ridley  returned,  and  they  drank 
together  again.  Ridley  now  insisted  upon  Miles' 
accompanying  him  home  to  dinner.  They  dined, 
they  drank,  they  shook  hands,  repeated  old  stories, 
drank  and  shook  hands  again  and  again,  as  old  ac- 
quaintances in  the  lower  class,  after  long  absences, 
usually  do ;  in  fine,  they  both  got,  at  last,  pretty 
much  in  liquor. 

The  room  they  sat  in  was  backwards,  detached  as 
it  were  from  the  house,  with  a  door  that  went  imme- 
diately into  a  yard,  and  had  communication  with  the 
street,  without  passing  through  the  house. 


i26  FAMOUS    CASES     OF 


As  it  grew  late,  Mrs.  Ridley  came  into  the  room, 
and  not  seeing  her  hnsband  there,  made  inquiry 
after  him  of  Miles.  Miles  being  mnch  intoxicated, 
all  that  could  be  got  out  of  him  was,  that  Ridley 
went  ont  into  the  yard  some  time  before,  and  had  not 
returned.  Ridley  was  called,  Ridley  was  searched 
after,  by  all  the  family ;  but  neither  answering,  nor 
being  to  be  met  with,  Miles,  as  well  as  he  was  able 
for  intoxication,  went  his  way. 

Ridley  not  coming  home  that  night,  and  some 
days  passing  without  his  returning,  or  being  heard 
of,  suspicions  arose,  in  the  mind  of  Mrs.  Ridley,  of 
some  foul  play  against  her  husband  on  the  part  of 
Miles  ;  and  these  were  not  a  little  increased  on  the 
recollection  that  her  husband  had  received  a  sum  of 
money  that  day,  and  that  Miles  had  replied  to  hex 
inquiries  after  him  in  a  very  incoherent,  unintelligible 
manner,  which,  at  the  time,  she  had  attributed  to  his 
being  in  liquor. 

These  suspicions  went  abroad,  and  at  length  a  fnlJ 
belief  took  place  in  many,  that  Miles  was  actually 
the  murderer  of  Ridley;  had  gone  ont  with  him. 
robbed  and  murdered  him,  disposed  of  the  body,  and 
slid  back  again  to  the  room  where  they  were  drink- 
ing, unseen  by  any  one. 

The  officers  of  justice  were  sent  to  take  up  Miles. 


CIRCUMSTANTIAL    EVIDENCE.  127 

and  lie  giving,  before  the  magistrate,  a  very  unsatis- 
factory relation  of  his  parting  with  Ridley,  which  he 
affirmed  was  owing  to  his  having  been  intoxicated 
when  Ridley  went  out  of  the  room  from  him,  but 
which  the  magistrate  ascribed  to  guiltiness,  he  was 
committed  to  Exeter  jail  for  trial. 

Whilst  Miles  was  in  confinement,  a  thousand 
reports  were  spread,  tending  to  warp  the  minds  of 
the  people  against  him.  Supernatural  as  well  as 
natural  reasons  were  alleged  as  proof  of  his  guilt. 
Ridley's  house  was  declared  to  be  haunted  ;  frequent 
knockings  were  heard  in  the  dead  of  the  night ;  two 
of  the  lodgers  avowed  they  had  seen  the  ghost. 
And  to  crown  the  whole,  an  old  man,  another  lodger, 
positively  affirmed,  that  once,  at  midnight,  his 
curtains  flew  open,  the  ghost  of  Ridley  appeared,  all 
bloody,  and,  with  a  piteous  look  and  hollow  voice, 
declared  he  had  been  murdered,  and  that  Miles  was 
the  murderer. 

Under  these  prepossessions  amongst  the  weak 
and  superstitious,  and  a  general  prejudice  even  in 
the  stronger  minds,  was  John  Miles  brought  to  trial 
for  the  willful  murder  of  William  Ridley.  Circum- 
stances upon  circumstances  were  deposed  against 
him  ;  and  as  it  appeared  that  Miles  was  with  Ridley 
the  whole  day,  both  before  and  after  his  receiving 


i28  FAMOUS    CASES    OF 

the  money,  and  that  they  spent  the  afternoon  and 
evening  together  alone,  the  jury,  who  were  neighbors 
of  Ridley,  found  Miles  guilty,  notwithstanding  his 
protestations,  on  his  defense,  of  innocence,  and  he 
was  shortly  after  executed  at  Exeter. 

It  happened,  that,  some  time  after,  Mrs.  Ridley 
left  the  Red  Cow  to  keep  another  ale  house,  and  the 
person  who  succeeded  her,  making  several  repairs  in 
and  about  the  house,  in  emptying  the  necessary, 
which  was  at  the  end  of  a  long  dark  passage,  the 
body  of  William  Ridley  was  discovered.  In  his 
pockets  were  found  twenty  guineas,  from  whence  it 
was  evident  he  had  not  been  murdered,  as  the  rob- 
bing of  him  was  the  sole  circumstance  that  could  be 
and  was  ascribed  to  Miles  for  murdering  of  Ridley. 
The  truth  of  Miles'  assertions  and  defense  now 
became  doubly  evident ;  for  it  was  recollected  that 
the  floor  of  the  necessary  had  been  taken  up  the 
morning  before  the  death  of  Ridley,  and  that,  on  one 
side  of  the  seat,  a  couple  of  boards  had  been  left  up ; 
so  that,  being  much  in  liquor,  he  must  have  fallen 
into  the  vault,  which  was  uncommonly  deep  ;  but 
which,  unhappily,  was  not  adverted  to  at  the  time  ol 
his  disappearance  1 


CIRCUMSTANTIAL    EVIDENCE.  129 


XXI. 

The  Obstinate  Juryman. 
Two  men  were  seen  fighting  together  in  a  field. 
One  of  them  was  found,  soon  after,  lying  dead  in 
that  field.  N ear  him  lay  a  pitchfork  which  had 
apparently  been  the  instrument  of  his  death.  This 
pitchfork  was  known  to  have  belonged  to  the  person 
who  had  been-  seen  fighting  with  the  deceased ;  and 
he  was  known  to  have  taken  it  out  with  him  that 
morning.  Being  apprehended  and  brought  to  trial, 
and  these  circumstances  appearing  in  evidence,  and 
also  that  there  had  been,  for  some  time,  an  enmity 
between  the  parties,  there  was  little  doubt  of  the 
prisoner's  being  convicted,  although  he  strongly 
persisted  in  his  innocence  ;  but,  to  the  great  surprise 
of  the  court,  the  jury,  instead  of  bringing  in  an  im- 
mediate verdict  of  guilty,  withdrew,  and,  after  stay- 
ing out  a  considerable  time,  returned  and  informed 
the  court,  that  eleven,  out  of  the  twelve,  had  been, 
from  the  first,  for  finding  the  prisoner  guilty  ;  but 
that  one  man  would  not  concur  in  the  verdict.  Upon 
this,  the  judge  observed  to  the  dissentient  person, 
the  great  strength  of  the  circumstances,  and  ask^ 
hin,        how   \t    >vq,?    possible.    aJA    rn  -u'm.sf-n.'r.jrsn     ** 


i3o  FAMOUS    CASES    OF 

sidered,  for  him  to  have  any  doubts  of  the  guilt  of 
the  accused?"  But  no  arguments  that  could  be 
urged,  either  by  the  court  or  the  rest  of  the  jury, 
could  persuade  him  to  find  the  prisoner  guilty  ;  so 
that  the  rest  of  the  jury  were  at  last  obliged  to  agree 
to  the  verdict  of  acquittal. 

This  affair  remained,  for  some  time,  mysterious ; 
but  it  at  length  came  out,  either  by  the  private 
acknowledgment  of  the  obstinate  juryman  to  the 
judge  who  tried  the  cause  (who  is  said  to  have  had 
the  curiosity  to  inquire  into  the  motives  of  his 
extraordinary  pertinacity),  or  by  his  confession  at 
the  point  of  death  (for  the  case  is  related  both 
ways),  that  he  himself  had  been  the  murderer! 
The  accused  had,  indeed,  had  a  scuffle  with  the  de- 
ceased, as  sworn  on  the  trial,  in  which  he  had 
dropped  his  pitchfork,  which  had  been,  soon  after, 
found  by  the  juryman,  between  whom  and  the  de 
ceased  an  accidental  quarrel  had  arisen  in  the  same 
field ;  the  deceased  having  continued  there  at  work 
after  the  departure  of  the  person  with  whom  he  had 
been  seen  to  have  the  affray  ;  in  the  heat  of  which 
quarrel,  the  juryman  had  unfortunately  stabbed  him 
with  that  very  pitchfork,  and  had  then  got  away 
totally  unsuspected  ;  but  finding,  soon  after,  that  the 
other  person  had  been  apprehended,  on  suspicion  of 


CIRCUMSTANTIAL    EVIDENCE.  131 

being  the  murderer,  and  fearing,  as  the  circumstances 
appeared  so  strong  against  him,  that  he  should  be 
convicted,  although  not  guilty,  he  had  contrived  to 
get  upon  the  jury,  as  the  only  way  of  saving  the 
innocent  without  endangering  himself. 


132  FAMOUS    CASES    OF 


XXII. 

Case  of  John  Harkins  and  George  Simpson 
John-  Hawkins  and  George  Simpson  were  indicted 
for  robbing  the  mail,  on  the  16th  of  April,  1722. 
Hawkins,  in  his  defense,  set  tip  an  alibi,  to  prove 
which,  he  called  one  William  Fuller,  who  deposed, 
that  Hawkins  came  to  his  house  on  Sunday,  the 
15th  of  April,  and  lay  there  that  night,  and  did  not 
go  out  until  the  next  morning.  Being  asked  by  the 
court,  "By  what  token  do  you  remember  that  it  was 
the  15th*  of  April?"  he  replied,  "By  a  very  good 
token,  for  he  owed  me  a  sum  of  money  for  horse 
hire,  and  on  Tuesday,  the  10th  of  April,  he  called 
upon  me  and  paid  me  in  full,  and  I  gave  him  a 
receipt ;  and  I  very  well  remember,  that  he  lay  at 
my  house  the  Sunday  night  following."  The  receipt 
was  now  produced.  "April  the  10th,  1722.  Re- 
ceived of  Mr.  John  Hawkins,  the  sum  of  one  pound 
ten  shillings,  in  full  of  all  accounts,  per  me,  William 
Fuller."  Upon  inspecting  the  receipt,  the  court 
asked  Fuller  who  wrote  it.  He  replied,  "Hawkins 
wrote  the  body  of  it,  and  I  signed  it." 

*  The  robbery  was  committed  about  two  o'clock  on  the  morn 
in£  of  the  lGth. 


CIRCUMSTANTIAL  EVIDENCE.  133 

Court.     "Did  yon  see  hirn  write  it  % " 

Fuller.     "Yes." 

Court.  "And  how  iong  was  it  after  he  wrote 
it,  before  you  signed  ?  ' ' 

Fuller.  u  I  signed  it  immediately,  without  going 
from  the  table." 

Court.  "How  many  standishes  do  you  keep  in 
the  house  ?" 

Fuller.     "Standishes?" 

Court.  "Aye,  standishes*  it  is  a  plain 
question." 

Fuller.  "  My  Lord,  but  one  ;  and  that  is  enough 
for  the  little  handwriting  we  have  to  do." 

Court.  "Then  you  signed  the  receipt  with  the 
same  ink  that  Hawkins  wrote  the  body  of  it  with  ?" 

Fuller.     l '  For  certain. ' ' 

Court.  "Officer,  hand  the  receipt  to  the  jury. 
Gentlemen,  you  will  see  that  the  body  of  the  note  is 
written  with  one  kind  of  ink,  and  the  name  at  the 
bottom  with  another  very  different ;  and  yet  this 
witness  has  sworn,  that  they  were  both  written  with 
the  same  ink,  and  one  immediately  after  the  other. 
You  will  judge  what  credit  is  to  be  given  to  his 
evidence !" 

Thus,  the  authenticity  of  the  receipt,  and  the 
credit    of    the   witness,     were    overthrown    by  the 


134  FAMOUS    CASES    OF 

sagacity  of  the-  court !  But  while  the  judge,  Lord 
Chief  Baron  Montague  was  summing  up  the 
evidence,  he  was  interrupted  by  the  following 
occurrence :  The  person  who  reports  the  trial  was 
then  taking  notes  of  the  proceedings ;  his  ink,  as  it 
happened,  was  very  bad,  being  thick  at  the  bottom, 
and  thin  and  waterish  at  the  top,  so  that,  accordingly 
as  he  dipped  the  pen,  the  writing  appeared  very  pale 
or  pretty  black.  This  circumstance  being  remarked 
by  some  gentlemen  present,  they  handed  the  book  to 
the  jury  ;  the  judge  perceiving  them  very  attentively 
inspecting  it,  called  to  them:  "Gentlemen,  what  are 
you  doing?  What  book  is  that?"  They  told  him 
that  it  was  the  writer's  book,  and  that  they  were 
observing  how  the  same  ink  appeared  pale  in  one 
place,  and  black  in  another.  The  judge  then  told 
them — "You  ought  not,  gentlemen  to  take  notice  of 
any  thing  but  what  is  produced  in  evidence"  ;  and, 
turning  to  the  writer,  demanded — "  what  he  meant 
by  showing  that  book  to  the  jury?"  And  being 
informed  by  the  writer  that  it  was  taken  from  him, 
he  inquired  ' '  who  took  it,  and  who  handed  it  to  the 
jury?"  But  this  the  writer  could  not  say,  as  the 
gentlemen  near  him  were  all  strangers  to  him,  and 
he  had  not  taken  any  particular  notice  of  the  person 
who  took  his  book. 


CIRCUMSTANTIAL     EVIDENCE.  135 

That  a  jury  ought  not  to  take  notice  of  any  thing 
but  what  is  produced  in  evidence,  has  been  said  to  be 
law ;  but,  on  the  contrary,  it  has  been  held,  and 
surely  very  properly,  that  a  juryman  may  find  from 
his  own  knowledge  ;  .  indeed,  what  evidence  can  con- 
vince a  person  that  is  which  he  knows  not  to  be  ? 

Hawkins  and  Simpson  were  convicted  and  exe- 
cuted ;  indeed,  the  evidence  against  them  was  very 
strong  ;  but,  had  the  fate  of  Hawkins  depended  upon 
the  single  testimony  of  Fuller,  he  would,  but  for  this 
occurrence,  have  fallen  a  sacrifice  to  the  acuteness  of 
the  judge  !  who  appears  to  have  been  much  dis- 
pleased at  the  accidental  confutation  of  his  remarks 
on  the  receipt,  although  it  was  an  accident  in  favor  of 
life  ;  and,  had  it  not  been  in  a  case  where  other 
evidence  was  so  strong  against  the  accused,  it  must 
have  been  looked  upon  as  the  special  interposition  of 
Providence. 


136  FAMOUS    CASES    OF 


XXIII. 

A      Man      Wrongly      Convicted      of     Parricide. 

A  man  was  tried  for,  and  convicted  of,  the 
murder  of  his  own  father.  The  evidence  against  him 
was  merely  circumstantial,  and  the  principal  witness 
was  his  sister.  She  proved  that  her  father  possessed 
a  small  income,  which,  with  his  industry,  enabled 
him  to  live  with  comfort ;  that  her  brother,  the 
prisoner,  who  was  his  heir  at  law,  had  long  expressed 
a  great  desire  to  come  into  the  possession  of  his 
father's  effects  ;  and  that  he  had  long  behaved  in  a 
very  undutiful  manner  to  him,  wishing,  as  the 
witness  believed,  to  put  a  period  to  his  existence  by 
uneasiness  and  vexation  ;  that,  on  the  evening  the 
murder  was  committed,  the  deceased  went  a  small 
distance  from  the  house,  to  milk  a  cow  he  had  for 
some  time  kept,  and  that  the  witness  also  went  out 
to  spend  the  evening  and  to  sleep,  leaving  only  her 
brother  in  the  house  ;  that,  returning  home  early  in 
the  morning,  and  finding  that  her  father  and  brother 
were,  absent,  she  was  much  alarmed,  and  sent  for 
some  neighbors  to  consult  with  them,  and  to  receive 
advice  what  should  be  done  ;  that,  in  company  with 


CIRCUMSTANTIAL    EVIDENCE.  137 


these  neighbors,  she  went  to  the  hovel  in  which  her 
father  was  accustomed  to  milk  the  cow,  where  they 
found  him  murdered  in  an  inhuman  manner,  his 
head  being  almost  beat  to  pieces ;  that  a  suspicion 
immediately  falling  on  her  brother,  and  there  being 
then  some  snow  upon  the  ground,  in  which  the  foot- 
steps of  a  human  being,  to  and  from  the  hovel,  were 
observed,  it  was  agreed  to  take  one  of  the  brother's 
shoes,  and  to  measure  therewitn  the  impressions  in 
the  snow  ;  this  was  done,  and  there  did  not  remain  a 
doubt  but  that  the  impressions  were  made  with  his 
shoes.  Thus  confirmed  in  their  suspicions,  they 
then  immediately  went  to  the  prisoner's  room,  and 
after  a  diligent  search,  they  found  a  hammer,  in  the 
corner  of  a  private  drawer,  with  several  spots  of 
blood  upon  it,  and  with  a  small  splinter  of  bone,  and 
some  brains  in  a  crack  which  they  discovered  in  the 
handle.  The  circumstances  of  finding  the  deceased 
and  the  hammer,  as  described  by  the  former  witness, 
were  fully  proved  by  the  neighbors  whom  she  had 
called  ;  and  upon  this  evidence  the  prisoner  was  con- 
victed and  suffered  death,  but  denied  the  fact  to  the 
last.  About  four  years  after,  the  witness  was  ex- 
tremely ill,  and  understanding  that  there  were  no 
possible  hopes  of  her  recovery,  she  confessed  that  her 
father  and    brother    having  offended  ner,   she  was 


138  FAMOUS    CASES    OF 

determined  they  should  both  die  ;  and,  accordingly, 
when  the  former  went  to  milk  the  cow,  she  followed 
him  with  her  brother' s  hammer,  and  in  his  shoes ; 
that  she  beat  out  her  father' s  brains  with  the  hammer, 
and  laid  it  where  it  was  afterwards  found  ;  that  she 
then  went  from  home  to  give  a  better  color  to  this 
wicked  business,  and  that  her  brother  was  perfectly 
innocent  of  the  crime  for  which  he  had  suffered. 
She  was  immediately  taken  into  custody,  but  died 
before  she  could  be  brought  to  trial. 


CIRCUMSTANTIAL    EVIDENCE  ijq 


XXIV. 

Case     of     Mistaken      Medical     Testimony. 

John  Stringer  was  tried  at  the  Lent  assizes,  held 
at  Kingston,  in  the  county  of  Surry,  in  the  year 
1765,  before  the  late  Lord  Chief  Baron  Smythe,  for 
the  murder  of  his  wife,  and  found  guilty.  The  trial 
being  on  the  Saturday,  he  was  ordered  for  execution 
on  the  Monday  following.  The  case  was  thus: 
Stringer,  a  man  in  low  circumstances,  had  brought 
his  wife,  who  had  long  been  in  an  ill  state  of  health, 
from  London  to  Lambeth,  for  the  benefit  of  the  air ; 
here  they  lived  for  some  time  ;  generally  in  great 
harmony  ;  but  not  without  those  little  quarrels  and 
scuffles,  so  common  with  persons  in  their  rank  of  life. 
Upon  the  woman's  death,  some  of  the  neighboring 
females,  who  had  been  occasionally  witnesses  to 
these  litttle  accidental  bickerings  between  the  hus- 
band and  wife,  took  it  in  their  heads  that  he  had 
murdered  her,  notwithstanding  she  had  never  been 
heard  to  make  the  least  complaint  of  her  husband 
during  the  course  of  her  illness ;  and  the  man  was 
brought  to  trial  in  consequence. 

Some  trifling  evidence   being  given   of   the  little 


140  FAMOUS    CASES    OF 

differences  that  had  arisen  between  them  ;  and  the 
opinion  of  a  young  surgeon,  that  some  appearances 
on  the  corpse  were  somewhat  the  appearances  of  a 
mortification,  occasioned  by  bruises ;  Stringer,  on 
these  slight  circumstances,  was  convicted,  and  left 
for  execution  ! 

Mr.  Carsan,  a  surgeon  of  great  experience  in  the 
neighborhood,  had,  on  the  report  of  the  murder, 
from  mere  curiosity,  examined  the  body,  and  was  so 
clear  that  there  were  no  marks  of  violence  thereon, 
that  he  had  not  the  least  apprehension  of  the  possi- 
bility of  Stringer' s  being  convicted  :  but  hearing  of 
the  conviction,  and  confident  of  the  innocence  of  the 
unhappy  man,  and  actuated  by  the  love  of  justice 
and  humanity,  he  instantly,  on  the  Sunday,  waited 
on,  and  represented  the  case  to  the  Archbishop  of 
Canterbury ;  his  grace  gave  Mr.  Carsan  a  letter  to 
Baron  Smythe,  who,  convinced  by  his  statement  of 
the  matter,  that  himself  and  the  jury  had  been  too 
precipitate  in  forming  an  opinion  of  the  guilt  of 
Stringer,  granted  an  immediate  respite  ;  which  gave 
Mr.  Carsan  an  opportunity  of  laying  the  whole  case 
before  his  majesty,  and  he  had  the  satisfaction  of 
saving  an  innocent  man  from  an  undeserved  and 
ignominious  death. 


CIRCUMSTANTIAL    EVIDENCE.  141 


XXV. 

The  Evidence  of  Torture. 
In  the  year  1764,  a  citizen  of  Liege  was  found 
dead  in  his  chamber,  shot  in  the  head.  Close  to  him 
lay. a  discharged  pistol,  with  which  he  had  appar- 
ently been  his  own  executioner.  Firearms  are  the 
chief  manufacture  of  that  city  ;  and  so  common  is 
the  use  of  pistols  at  that  place,  that  every  peasant, 
who  brings  his  goods  to  the  markets  there,  is  seen 
armed  with  them ;  so  that  the  circumstance  of  the 
pistol  did  not,  at  first,  meet  with  so  mnch  attention 
as  it  might  have  done  in  places  where  those  weapons 
are  not  in  such  common  use.  But,  upon  the 
researches  of  the  proper  officer  of  that  city,  whose 
duty,  like  that  of  our  coroner,  it  is  to  inquire  into 
all  the  circumstances  of  accidental  deaths,  it  ap- 
peared that  the  ball  which  was  found  lodged  in  the 
head  of  the  deceased  could  never,  from  its  size, 
have  been  fired  out  of  the  pistol  which  lay  by  him  ; 
thus  it  was  clear  that  he  had  been  murdered ;  nor 
were  they  long  in  deciding  who  was  the  murderer. 
A  girl,  of  about  sixteen,  the  niece  of  the  deceased, 
had  been   brought  up  by   him,    and   he    had    been 


142  FAMOUS    CASES    OF 

always  supposed  to  have  intended  to  leave  her  his 
effects,  which  were  something  considerable ;  but  the 
girl  had  then  lately  listened  to  the  addresses  of  a 
young  man  whom  the  uncle  did  not  approve  of,  and 
he  had,  upon  that  occasion,  several  times  threatened 
to  alter  his  will,  and  leave  his  fortune  to  some  other 
of  his  relations.  Upon  these,  and  some  other  con- 
current circumstances,  such  as  having  been  heard  to 
wish  her  uncle's  death,  &c,  the  girl  was  committed 
to  prison. 

The  torturing  a  supposed  criminal,  in  order  to 
force  confession,  is  certainly  the  most  cruel  and 
absurd  idea  that  ever  entered  into  the  head  of  a 
legislator.  This  being  observed  by  the  writer  of  this 
narrative,  who  was  then  at  Liege,  to  a  magistrate  of 
that  place,  on  this  very  occasion,  his  defense  was, — 
"We  never  condemn  to  the  torture  but  upon  circum- 
stances on  which  you  in  England  would  convict ;  so 
that  the  innocent  has  really  a  better  chance  to  escape 
here  than  with  you."  But,  until  it  is  proved  that 
pain  has  a  greater  tendency  to  make  a  person  speak 
truth  than  falsehood,  this  reasoning  seems  to  have 
little  weight. 

This  unhappy  girl  was,  therefore,  horridly  and 
repeatedly  tortured ;  but  still  persevering  in  assert- 
ing her  innocence,  she  at  last  escaped  with  life ; — if 


CIRCUMSTANTIAL    EVIDENCE.  143 

it  could  be  called  an  escape,  when  it  was  supposed 
she  would  never  again  enjoy  health  or  limbs,  from 
the  effects  of  the  torture. 

The  writer  has  since  learned,  that,  some  years 
afterwards,  her  innocence  became  manifest,  by  the 
confession  of  the  real  assassins,  who,  being  sen- 
tenced to  the  wheel  for  other  crimes,  confessed 
themselves  the  authors  of  this  of  which  the  girl  was 
suspected ;  and  that,  several  pistols  having  been 
discharged  at  the  deceased,  they  had,  intending  that 
it  should  appear  a  suicide,  laid  a  pistol  near  him, 
without  adverting  that  it  was  not  the  same  by  which 
he  fell. 


144  FAMOUS     CASES    OF 


XXVL 

Case  of  Jonathan  Bradford. 
Jonathan  Bradford  kept  an  inn,  in  Oxford- 
shire, on  the  London  road  to  Oxford.  He  bore  a 
very  unexceptionable  character.  Mr.  Hayes,  a  gen- 
tleman of  fortune,  being  on  his  way  to  Oxford,  on  a 
visit  to  a  relation,  put  up  at  Bradford's.  He  there 
joined  company  with  two  gentlemen,  with  whom  he 
supped,  and,  in  conversation,  unguardedly  men- 
tioned that  he  had  then  about  him  a  sum  of  money. 
In  due  time  they  retired  to  their  respective  chambers  ; 
the  gentlemen  to  a  two-bedded  room,  leaving,  as  is 
customary  with  many,  a  candle  burning  in  the 
chimney  corner.  Some  hours  after  they  were  in  bed, 
one  of  the  gentlemen,  being  awake,  thought  he  heard 
a  deep  groan  in  an  adjoining  chamber ;  and  this 
being  repeated,  he  softly  awaked  his  friend.  They 
listened  together,  and  the  groans  increasing,  as  of 
one  dying  and  in  pain,  they  both  instantly  arose,  and 
proceeded  silently  to  the  door  of  the  next  chamber, 
whence  they  had  heard  the  groans,  and,  the  dooi 
being  ajar,  saw  a  light  in  the  room.  They  entered, 
but  it  is  impossible  to  paint  their  consternation,  on 


CIRCUMSTANTIAL  EVIDENCE.  145 

perceiving  a  person  weltering  in  his  blood  in  the  bed, 
and  a  man  standing  over  him  with  a  dark  lantern  in 
one  hand,  and  a  knife  in  the  other !  The  man 
seemed  as  petrified  as  themselves,  but  his  terror 
carried  with  it  all  the  terror  of  guilt.  The  gentlemen 
soon  discovered  that  the  murdered  person  was  the 
stranger  with  whom  they  had  that  night  supped,  and 
that  the  man  who  was  standing  over  him  was  their 
host.  They  seized  Bradford  directly,  disarmed  him 
of  his  knife,  and  charged  him  with  being  the  mur- 
derer. He  assumed,  by  this  time,  the  air  of  inno- 
cence, positively  denied  the  crime,  and  asserted  that 
he  came  there  with  the  same  humane  intentions  as 
themselves ;  for  that,  hearing  a  noise,  which  was 
succeeded  by  a  groaning,  he  got  out  of  bed,  struck  a 
light,  armed  himself  with  a  knife  for  his  defense, 
and  was  but  that  minute  entered  the  room  before 
them.  These  assertions  were  of  little  avail ;  he  was 
kept  in  close  custody  till  the  morning,  and  then 
taken  before  a  neighboring  justice  of  the  peace. 
Bradford  still  denied  the  murder,  but,  nevertheless, 
with  such  apparent  indications  of  guilt,  that  the 
justice  hesitated  not  to  make  use  of  this  most  extra- 
ordinary expression,  on  writing  out  his  mittimus : 
"  Mr.  Bradford,  either  you  or  myself  committed  thia 
murder." 


146  FAMOUS    CASES    OF 

This  extraordinary  affair  was  the  conversation  of 
the  whole  country.  Bradford  was  tried  and  con- 
demned, over  and  over  again,  in  every  company.  In 
the  midst  of  all  this  predetermination,  came  on  the 
assizes  at  Oxford.  Bradford  was  brought  to  trial ; 
he  pleaded — not  guilty.  Nothing  could  be  stronger 
than  the  evidence  of  the  two  gentlemen.  They 
testified  to  the  finding  Mr.  Hayes  murdered  in  his 
bed  ;  Bradford  at  the  side  of  the  body  with  a  light 
and  a  knife  ;  that  knife,  and  the  hand  which  held  it, 
bloody ;  that,  on  their  entering  the  room,  he  betrayed 
all  the  signs  of  a  guilty  man  ;  and  that,  but  a  few 
moments  preceding,  they  had  heard  the  groans  of 
the  deceased. 

Bradford's  defense  on  his  trial  was  the  same  as 
before  the  gentlemen :  he  had  heard  a  noise ;  he 
suspected  some  villany  was  transacting ;  he  struck  a 
light ;  he  snatched  the  knife,  the  only  weapon  near 
him,  to  defend  himself ;  and  the  terrors  he  discovered 
were  merely  the  terrors  of  humanity,  the  natural 
effects  of  innocence  as  well  as  guilt,  on  beholding 
such  a  horrid  scene. 

This  defense,  however,  could  not  be  considered 
but  as  weak,  contrasted  with  the  several  powerful 
circumstances  against  him.  Never  was  circumstan- 
tial evidence  more  strong !     There  was  little  need  of 


CIRCUMSTANTIAL    EVIDENCE.  147 

the  prejudice  of  the  county  against  the  murderer  to 
strengthen  it ;  there  was  little  need  left  of  comment 
from  the  judge,  in  summing  up  the  evidence  ;  no 
room  appeared  for  extenuation  ;  and  the  jury 
brought  in  the  prisoner  guilty,  even  without  going 
out  of  their  box. 

Bradford  was  executed  shortly  after,  still  de- 
claring that  he  was  not  the  murderer,  nor  privy  to 
the  murder  of  Mr.  Hayes ;  but  he  died  disbelieved 
by  all. 

Yet  were  these  assertions  not  untrue  !  The  mur- 
der was  actually  committed  by  Mr.  Hayes'  footman  ; 
who,  immediately  on  stabbing  his  master,  rifled  his 
breeches  of  his  money,  gold  watch,  and  snuff-box, 
and  escaped  back  to  his  own  room ;  which  could 
have  been,  from  the  after  circumstances,  scarcely 
two  seconds  before  Bradford's  entering  the  unfor- 
tunate gentleman's  chamber.  The  world  owes  this 
knowledge  to  a  remorse  of  conscience  in  the  footman 
(eighteen  months  after  the  execution  of  Bradford),  on 
a  bed  of  sickness.  It  was  a  death-bed  repentance, 
and  by  that  death  the  law  lost  its  victim. 

It  is  much  to  be  wished  that  this  account  could 
close  here,  but  it  cannot!  Bradford,  though  inno- 
cent, and  not  privy  to  the  murder,  was,  nevertheless, 
the  murderer  in  design  :  he  had  heard,  as  well  as  the 


148  FAMOUS    CASES    OF 


footman,  what  Mr.  Hayes  declared  at  supper,  as  to 
the  having  a  sum  of  money  about  him ;  and  he  went 
to  the  chamber  of  the  deceased  with  the  same 
diabolical  intentions  as  the  servant.  He  was  struck 
with  amazement ;  he  could  not  believe  his  senses ; 
and,  in  turning  back  the  bed-clothes,  to  assure  him- 
self of  the  fact,  he,  in  his  agitation,  dropped  his 
knife  on  the  bleeding  body,  by  which  both  his  hands 
and  the  knife  became  bloody.  These  circumstances 
Bradford  acknowledged  to  the  clergyman  who  at- 
tended him  after  his  sentence. 


CIRCUMSTANTIAL    EVIDENCE.  149 


XXVII. 

Case     of     Leavitt     Alley. 

The  most  remarkable  murder  trial  which  Boston 
has  seen  since  the  famous  Webster-Parkman  case, 
was  that  which  resulted  in  a  verdict  that  Leavitt 
Alley  was  not  guilty  of  the  murder  of  Abijah  Ellis. 
There  is  at  many  points  a  wonderful  parallelism  in 
the  two  trials.  The  victims  were  both  men  of  wealth, 
and  of  strikingly  similar  habits  ;  both  were  hard  cred- 
itors, and  the  incentive  alleged  in  each  case  was  the 
inability  of  the  murderer  to  meet  a  certain  payment. 
The  horrible  circumstances  attending  •  the  finding  of 
Ellis's  body — just  after  the  mysterious  shooting  of 
Charles  Lane,  a  wealthy  merchant,  in  his  own  door- 
way— and  the  consequent  excitement,  equaled  in  in- 
tensity only  by  the  discovery  of  the  charred  remains 
of  Dr.  Parkman,  a  score  of  years  before,  will  serve 
to  recall  the  salient  features  of  the  case. 

Some  workmen  near  the  Cambridge  gas  works, 
discovered  two  barrels,  containing  the  mutilated 
body,  floating  in  the  Charles  river.  They  were 
packed  with  horse  manure  and  shavings,  and  in  one 
of  the  barrels  was  discovered  a  piece  of  brown  paper 


isO  FAMOUS    CASES    OF 

with  the  name  of  M.  Schouler,  a  billiard  manufac- 
turer. Investigation  proved  that  a  teamster,  Leavitt 
Alley,  was  in  the  habit  of  removing  these  shavings 
to  his  stable.  Following  the  clew  to  the  stable,  it 
was  found  that  a  dry  manure  heap  had  been  recently 
disturbed  ;  blood  was  also  found  upon  some  boards 
near  by. 

It  was  proved  that  on  the  previous  morning  Alley 
had  started  from  his  stable  with  four  barrels,  and  a 
teamster,  in  jumping  from  the  wagon,  had  ascertained 
that  two  of  them  were  heavy.  Two  of  the  barrels 
were  not  satisfactorily  accounted  for,  while  a  man 
testified  to '  seeing  the  team  and  barrels  with  a  man 
strongly  resembling  Alley  upon  the  mill-dam,  where 
they  were  supposed  to  have  been  thrown  into  the 
river.  Alley  was  owing  Ellis  some  two  hundred  dol- 
lars, was  in  great  need  of  money,  and  Ellis  was  known 
to  have  been  searching  for  the  suspected  man  on  the 
night  when  the  murder  was  probably  committed.  A 
new  axe  which  Alley  had  purchased  a  short  time 
before  was  missing,  and  its  very  existence  was  denied. 
In  addition,  blood  stains  were  found  upon  the  cloth- 
ing worn  by  Alley,  which  were  identified  by  experts 
as  human  gore  ;  and  a  woman  had  heard  strange 
noises,  like  the  rolling  of  barrels,  in  the  stable  on  the 
fatal  night.      Lastly,  it  was  shown  that  Alley  had 


CIRCUMSTANTIAL    EVIDENCE.  151 

been  abundantly  provided  with  money  after  the  death 
of  Ellis. 

The  testimony  for  the  government  was  entirely  cir- 
cumstantial. It  was  not  claimed  that  any  human  eye 
saw,  or  human  ear  heard,  the  doing  of-  the  atrocious 
deed.  The  case  had  been  carefully  worked  up  and 
prepared  by  the  best  detective  skill  and  professional 
ability  that  could  be  brought  to  bear  upon  it,  and,  as 
the  facts  already  given  were  clearly  brought  out,  the 
outlook  for  the  prisoner  was  certainly  a  dark  one  as 
compared  with  the  Webster  trial,  when  the  whole  case 
turned  upon  the  identification  by  a  dentist  of  a  gold 
plate.  The  stains  of  blood  found  in  the  prisoner's 
stable  and  on  his  clothing  were  submitted  to  chemical 
tests,  by  skillful  experts,  and  then  examined  through 
a  microscope,  and  pronounced  by  them  to  be  not  only 
human  blood,  but  that  of  the  murdered  man.  A 
physician  testified,  from  an  examination  of  the  de- 
ceased's stomach,  that  he  must  have  met  his  death 
between  six  and  nine  o'clock  on  the  fatal  evening  ; 
and  altogether  the  case  against  Alley  was  about  as 
strong  a  one  as  circumstantial  evidence  ever  presents. 
The  prisoner's  counsel,  however,  appeared  to  fully 
appreciate  the  situation,  and  developed  an  unexpected 
strength.  To  controvert  the  theory  that  Alley  had 
committed  the  murder  in  a  quarrel,  they  introduced 


i5  2  FAMOUS    CASES    OF 


evidence  from  prominent  citizens  of  New  Hampshire 
that  he  had  always  been  a  quiet  aud  peaceable  man, 
with  a  reputation  for  honesty  and  integrity  above  re- 
proach, in  the  face  of  which  the  commission  of  so 
horrible  a  crime  seemed  most  unlikely.  The  prosecu- 
tion had  claimed  that  Alley  was  in  debt  to  Ellis,  and 
without  money  to  meet  an  engagement  which  fell  due 
at  the  time  of  the  murder  ;  but  the  defense  clearly 
proved  that  the  prisoner  possessed  considerable  prop- 
erty in  "New  Hampshire  and  had  money  in  a  bank. 

A  strong  point  against  the  accused  had  been  the 
fact  that,  though  he  had  not  much  ready  money 
on  hand  just  before  the  murder,  immediately  after 
it  he  had  considerable  in  his  possession.  But  the 
defense  disposed  of  this  by  evidence  that  a  loan  ot 
one  hundred  and  twenty-five  dollars  was  repaid  by 
his  son  the  evening  before  the  murder.  There  re- 
mained the  evidence  of  the  blood,  which  the  prose- 
cution had  professed  to  prove  was  not  only  human 
blood,  but  that  of  the  victim  himself.  But  the 
defense  introduced  experts,  who  not  only  denied 
that  the  blood  in  question  was  that  of  a  human  being, 
but  showed  that  the  best  scientific  authorities  agree 
that  the  difference  between  human  and  animal  blood 
cannot  be  determined  after  it  has  dried,  as  was  the 
fact  in  this  case. 


CIRCUMSTANTIAL    EVIDENCE.  153 

On  the  whole,  therefore,  the  scientific  testimony 
not  only  served  to  confuse  the  jury,  but  positively 
helped  the  prisoner's  case.  The  defense  then  pro- 
ceeded to  still  further  dissipate  the  web  of  circum- 
stantial evidence  which  had  been  woven  around 
Alley  by  satisfactorily  accounting  for  every  hour 
of  his  time  from  the  moment  Ellis  disappeared  till 
the  time  his  body  was  discovered. 

When  the  defense  rested  their  case,  public  opinion 
and  expectation  had  naturally,  and  justly,  very 
much  changed,  and  the  probability  of  his  convic- 
tion had  practically  disappeared.  No  one  had  seen 
the  murder,  and  the  natural  indisposition  to  con- 
demn a  man  on  circumstantial  evidence  alone  was 
strengthened  by  the  fact  that  much  of  what  appeared 
strongest  in  this  evidence  had  been  overthrown  by 
the  defense.  These  considerations,  joined  with 
the  traditional  principle  of  holding  every  man  in- 
nocent till  his  guilt  is  proved  beyond  the  shadow 
of  a  doubt,  resulted  in  a  verdict  of  not  guilty — 
a  decision  of  the  case  with  which  the  public  will 
not  be  inclined  to  find  fault. 


)54  FAMOUS    CASES    OF 


XXVIII. 

The    Blue    Dragoon.* 

Itf  the  town  of  M ,  in  Holland,  there  lived, 

towards  the  close  of  the  last  century,  an  elderly 
widow,  Madame  Andrecht.  She  inhabited  a  house 
of  her  own,  in  company  with  her  maid-servant,  who 
was  nearly  of  the  same  age.  She  was  in  prosperous 
circumstances;  but,  being  in  delicate  health  and 
paralyzed  on  one  side,  she  had  few  visitors,  and 
seldom  went  abroad  except  to  church  or  to  visit  the 
poor.  Her  chief  recreation  Consisted  in  paying  a 
visit  in  spring  to  her  son,  who  was  settled  as  a 
surgeon  in  a  village  a  few  miles  off.  On  these  occa- 
sions, fearing  a  return  of  a  paralytic  attack,  she  was 
invariably  accompanied  by  her  maid,  and,  during 
these  visits,  her  own  house  was  left  locked  up,  but 
uninhabited  and  un watched. 

*  The  following  singular  story  of  circumstantial  evidence  is  from 
a  collection  of  criminal  trials,  published  at  Amsterdam,  under  the 
title  "  Oorkonen  uit  de  Gedenkschriften  van  het  Strafregt,  en  uit  die 
der  menschlyke  Mishappen  ;  te  Amsterdam.  By  J.  C.  Van  Kerslereu, 
1820."  Notwithstanding  the  somewhat  romantic  complexion  of  the 
incidents,  it  has  been  included  as  genuine  in  the  recent  German  collec- 
tion, Der  Neue  Pitaval,  7  Band. 


CIRCUMSTANTIAL     EVIDENCE.  155 

On  the  30th  June,  17 — ,  the  widow,  returning  to 

M ,  from  one  of  these  little  excursions,  found  her 

house  had  been  broken  open  in- her  absence,  and  that 
several  valuable  articles  with  all  her  jewels  and 
trinkets,  had  disappeared.  Information  was  im- 
mediately given  to  the  authorities,  and  a  strict  in- 
vestigation of  the  circumstances  took  place  without 
delay. 

The  old  lady  had  been  three  weeks  absent,  and 
the  thieves  of  course  had  had  ample  leisure  for  their 
attempt.  They  had  evidently  gained  access  through 
a  window  in  the  back  part  of  the  house  communicat- 
ing with  the  garden,  one  of  the  panes  of  which  had 
been  removed,  and  the  bolts  of  the  window  forced 
back,  so  as  to  admit  of  its  being  pulled  up.  The 
bolts  of  the  back  door  leading  into  the  garden  had 
also  been  withdrawn,  as  if  the  robbers  had  withdrawn 
their  plunder  in  that  direction.  The  other  doors  and 
windows  were  uninjured  ;  and  several  of  the  rooms 
appeared  to  have  been  unopened.  The  furniture, 
generally,  was  untouched  ;  but  the  kitchen  utensils 
were  left  in  confusion,  as  if  the  robbers  had  intended 
removing  them,  but  had  been  interrupted  or  pursued. 

At  the  same  time  it  was  evident  they  had  gone 
very  deliberately  about  their  work.  The  ceilings  and 
aoors  of  a  heavy  old  press,  the  drawers  of  whicli  had 


156  FAMOUS     CASES     0F 

been  secured  by  strong  and  well  constructed  locks 
had  been  removed  with  so  much  neatness  that  no 
part  of  the  wood-work  had  been  injured.  The  ceil- 
ing and  doors  were  left  standing  by  the  side  of  the 
press.  The  contents,  consisting  of  jewels,  articles  of 
value,  and  fine  linens,  were  gone.  Two  strong  boxes 
w  re  found  broken  open,  from  which  gold  and  silver 
coin,  with  some  articles  of  clothing,  had  been  ab- 
stracted. The  value  of  the  missing  articles  amounted 
to  about  two  thousand  Dutch  guldens.  The  house, 
however,  contained  many  other  articles  of  value, 
which,  singular  enough,  had  escaped  the  notice  of 
the  thieves.  In  particular,  the  greater  part  of  the 
widow's  property  consisted  of  property  in  the  funds, 
the  obligations  for  which  were  deposited,  not  in  the 
press  above  mentioned,  but  in  an  iron  chest  in  her 
sleeping  room.  This  chest  she  had  accidentally  re- 
moved, shortly  before  her  departure  ;  placing  it  in  a 
more  retired  apartment,  where  it  had  fortunately 
attracted  no  attention. 

The  robbery  had,  apparently,  been  committed  by 
more  than  one  person ;  and,  it  was  naturally  sus- 
pected, by  persons  well  acquainted  with  the  house, 
and  with  the  circumstances  of  its  inhabitants,  liie 
house  itself,  which  was  almost  the  only  respectable 
one  in  the  neghborhood,   was   situated  in  a  retired 


CIRCUMSTANTIAL     EVIDENCE.  157 

street.  The  neighboring  dwellings  were  inhabited  by 
the  poorer  classes,  and  not  a  few  of  the  less  reputable 
members  of  society.  The  inner  fosse  of  the  town, 
which  was  navigable,  flowed  along  the  end  of  the 
garden  through  which  the  thieves  had,  apparently, 
gained  admittance,  being  separated  from  the  garden 
only  by  a  thin  thorn  hedge.  It  was  conjectured  that 
the  thieves  had  made  their  way  close  to  the  hedge 
by  means  of  a  boat,  and  from  thence  had  clambered 
over  into  the  garden,  along  the  walks  and  flower-beds 
of  which  foot-marks  were  traceable. 

The  discovery  of  the  robbery  had  created  a  gen- 
eral sensation,  and  the  house  was  surrounded  by  a 
crowd  of  curious  idlers,  whom  it  required  some  effort 
on  the  part  of  the  police  to  prevent  from  intruding 
into  the  premises.  One  of  them  only,  a  baker,  and 
the  inhabitant  of  the  house  opposite  to  that  of  the 
widow,  succeeded  in  making  his  way  in  along  with 
the  officers  of  justice.  On  his  exit,  he  assumed  an 
air  of  mystery,  answered  equivocalty,  and  observed 
that  people  might  suspect  many  things  of  which  it 
might  not  be  safe  to  speak. 

In  proportion,  however,  to  his  taciturnity,  was 
the  loquaciousness  of  a  woolspinner,  Leendert  Van 

N ,  the  inhabitant  of  the  corner  house  next  to 

that  of  the  widow.     He  mingled  with  the  groups  who 


15S  FAMOUS     CASES     OF 

were  discussing  the  subject ;  dropped  hints  that  lie 
had  his  own  notions  as  to  the  culprits,  and  could,  if 
necessary,  give  a  clue  to  their  discovery.  Among 
the  crowd  who  were  observed  to  listen  to  these  effu- 
sions, was  a  Jew  dealer  in  porcelain,  a  suspected  spy 
of  the  police.  Before  evening,  the  woolspinner  re- 
ceived a  summons  to  the  town-house,  and  was  called 
upon  by  the  Burgomaster  for  an  explanation  of  the 
suspicious  expressions  he  had  used.  He  stammered, 
hesitated,  pretended  he  knew  of  nothing  but  general 
grounds  of  suspicion,  like  his  neighbors  ;  but  being 
threatened  with  stronger  measures  of  compulsion,  he 
at  last  agreed  to  speak  out,  protesting  at  the  same 
time,  that  he  could  willingly  have  spared  persons 
against  whom  he  had  no  grudge  whatever,  and  would 
have  been  silent  for  ever,  if  he  had  foreseen  the  con- 
sequence of  his  indiscretion. 

The  substance  of  his  disclosure  was  to  this  effect : 
— Opposite  the  German  post-house,  at  the  head  of 
the  street,  in  which  the  woolspinner  lived,  there  wTas 

a  little  alehouse.     Nicholas  D was  the  landlord. 

He  was  generally  known  among  his  acquaintances, 
not  by  his  baptismal  or  family  name,  but  by  the 
appellation  of  the  Blue  Dragoon,  from  having 
formerly  served  in  the  horse  regiment  of  Colonel 
Van  Wackerbarth,  which  was  popularly  known  by 


CIRCUMSTANTIAL     EVIDENCE.  159 

the  name  of  the  Blues.  About  two  years  before,  he 
had  become  acquainted  with  and  married  Hannah, 
the  former  servant  of  Madame  Andrecht,  who  had 
been  six  years  in  that  situation,  and  possessed  her 
entire  confidence.  Unwilling  to  part  with  her  attend- 
ant, and  probably  entertaining  no  favorable  notion  of 
the  intended  husband,  Madame  Andrecht  had  long 
thrown  impediments  in  the  way  of  the  match,  so 
that  the  parties  were  obliged  to  meet  chiefly  at  night, 
and  by  stealth.  Nicholas  found  his  way  into  the 
house  at  night  through  the  garden  of  his  acquaint- 
ance the  woolspinuer,  and  across  the  hedge  which 
divided  it  from  Madame  Andrecht' s.  Of  these 
nocturnal  visits  the  woolspinner  was  at  first  cog- 
nizant, but,  fearful  of  getting  into  a  scrape  with  his 
respectable  neighbor,  he  was  under  the  necessity  of 
intimating  to  the  dragoon,  that  if  he  intended  to  con- 
tinue his  escalades,  he  must  do  so  from  some  other 
quarter  than  his  garden.  Nicholas  obeyed  ap- 
parently, and  desisted  ;  but,  to  the  surprise  of  the 
woolspinner,  he  found  the  lovers  continued  to  meet 
not  the  less  regularly  in  Madame  Andrecht' s  garden. 
One  evening,  however,  the  mystery  was  explained. 
The  woolspinner,  returning  home  after  dark,  saw  tied 
to  a  post  in  the  canal,  close  by  Madame  Andrecht' s 
garden,  one  of  those  small  boats  which  were  gener- 


160  FAMOUS    CASES    OF 


ally  used  by  the  dragoons  for  bringing  forage  from 
the  magazine  ;  and  lie  at  once  conjectured  that  tills 
was  the  means  by  which  the  dragoon  was  enabled  to 
continue  his  nocturnal  assignations.  With  the  recol- 
lection of  this  passage  in  the  landlord's  history  was 
combined  a  circumstance  of  recent  occurrence,  tri- 
fling in  itself,  but  which  appeared  curiously  to  link  in 
with  the  mode  in  which  the  robbery  appeared  to 
have  been  effected.  Ten  days  before  the  discovery 
of  the  house-breaking,  and  while  the  widow  was  in 
the  country,  the  woolspinner  stated  that  he  found, 
one  morning,  a  dirty  colored  handkerchief  lying  on 
the  grass  bank  of  the  fosse,  and  exactly  opposite  his 
neighbor's  garden.  He  took  it  up  and  put  it  in  his 
pocket,  without  thinking  about  it  at  the  time.  At 
dinner  he  happened  to  remember  it,  mentioned 
the  circumstance  to  his  wife,  showed  her  the  hand- 
kerchief, and  observed  jestingly,  "  If  Madame  An- 
drecht  were  in  town,  and  Hannah  were  still  in  her 
service,  we  should  say  our  old  friend  the  Blue 
Dragoon  had  been  making  his  rounds  and  had 
dropped  his  handkerchief."  His  wife  took  the  hand- 
kerchief, examined  it,  and  exclaimed,  "  In  the  name 
of  wonder,  what  is  that  you  say?   Is  not  Hannah's 

husband's  name  Nicholas  D ?"   pointing  out  to 

him  at  the  same  time  the  initials  N.  D.  in  the  corner. 


CIRCUMSTANTIAL     EVIDENCE.  161 


Both,  however,  had  forgotten  the  circumstance  till 
the  occurrence  of  the  robbery  naturally  recalled  it  to 
the  husband's  mind. 

The  woolspinner  told  his  story  simply  ;  his  con- 
clusions appeared  unstrained  ;  suspicion  became 
strongly  directed  against  the  Blue  Dragoon,  and 
these  suspicions  were  corroborated  by  another  cir- 
cumstance which  emerged  at  the  same  time. 

During  the  first  search  of  the  house,  a  half  burnt 
paper,  which  seemed  to  have  been  used  for  lighting 
a  pipe,  was  found  on  the  floor,  near  the  press  which 
had  been  broken  oppn.  Neither  Madame  Andrecht 
nor  her  maid  smoked ;  the  police  officers  had  no 
pipes  when  they  entered  the  house  ;  so  the  match 
had  in  all  probability  been  dropped  on  the  ground  by 
the  house-breakers. 

On  the  examination  of  the  remains  of  the  paper, 
it  appeared  to  have  been  a  receipt,  such  as  was 
usually  granted  by  the  excise  to  innkeepers  for  pay- 
ment of  the  duties  on  spirits  received  into  the  town 
from  a  distance,  and  which  served  as  a  permit  en- 
titling the  holder  to  put  the  article  into  his  cellars. 
The  upper  part  of  the  receipt,  containing  the  name  of 
the  party  to  whom  it  was  granted,  was  burnt,  but  the 
lower  part  was  preserved,  containing  the  signature 

of  the  excise  officer,  and  the  date  of  the  permit  ;  it 
11 


FAMOUS    CASES    OF 


was  the  16th.  March  of  the  same  year.  From  these 
materials  it  was  easy  to  ascertain  what  innkeeper  in 
the  town  had,  on  that  day,  received  such  a  permit 
for  spirits.  From  an  examination  of  the  excise 
register,    it    appeared    that    on    that    day    Nicholas 

D had  received  and  paid  the  duties  on  several 

ankers  of  Geneva.  Taken  by  itself,  this  would  have 
afforded  but  slender  evidence  that  he  had  been  the 
person  who  had  used  the  paper  for  a  match,  and  had 
dropped  it  within  Madame  Andrecht's  room  ;  but, 
taken  in  connection  with  the  finding  of  the  hand- 
kerchief, and  the  suspicions  history  of  his  nocturnal 
rambles  which  preceded  it,  it  strengthened  in  a  high 
degree  the  suspicions  against  the  ex-dragoon. 

After  a  short  consultation,  orders  were  issued  for 
his  apprehension.  Surprise,  it  was  thought,  would 
probably  extort  from  him  an  immediate  confession. 
His  wife,  his  father — a  man  advanced  in  jears — and 
is  brother,  a  shoemakers  apprentice,  vere  appre- 
li<  nded  at  the  same  time. 

A  minute  search  of  the  house  of  tlu-  innkeeper 
followed  ;  but  none  of  the  stolen  articles  were  at 
frst  discovered,  and  indeed  nothing  that  could  excite 
suspicion,  except  a  larger  amount  of  money  than 
:  ight  perhaps  have  been  expected.  At  last,  as  the 
s  arch  was  on  the  point  of  being  given  up,  there  was 


CIRCUMSTANTIAL    EVIDENCE.  163 


found  in  one  of  the  drawers  a  memorandum  book. 
This  was  one  of  the  articles  mentioned  in  the  list  of 
Madame  Andrecht's  effects ;  and,  on  inspection, 
there  could  be  no  doubt  that  this  was  the  one  re- 
ferred to — for  several  pages  bore  private  markings  in 
her  own  handwriting,  and  in  a  side  pocket  were 
found  two  letters  bearing  her  address.  Beyond  this, 
none  of  the  missing  articles  could  be  traced  in  the 
house. 

The    persons    apprehended    were    severally    ex- 
amined.     Nicholas  D answered   every  question 

with  the  utmost  frankness  and  unconcern.  He 
admitted  the  truth  of  the  woolspinner's  story  of  his 
courtship,  his  nightly  scrambles  over  the  hedge,  and 
his  subsequent  visits  to  his  intended  by  means  of 
the  forage  boat.  The  handkerchief  he  admitted  to 
be  his  property.  When  and  where  he  had  lost  it 
he  could  not  say.  It  had  disappeared  about  six 
months  before,  and  he  had  thought  no  more  about  it. 
When  the  pocket-book  which  had  been  found  was 
laid  before  him,  he  gave  it  back  without  embarrass- 
ment,- declared  he  knew  nothing  of  it,  had  never 
had  it  in  his  possession,  and  shook  his  head  with  a 
look  of  surprise  and  incredulity  when  told  where  it 
had  been  found. 

The  other  members  of   his  household  appeared 


1 64  FAMOUS    CASES    OF 

equally  unembarrassed  ;  they  expressed  even  greater 
astonishment  than  he  had  done,  that  the  pocket- 
book,  with  which  they  declared  themselves  entirely 
unacquainted,  should  have  been  found  in  the  place 
where  it  was.  The  young  wife  burst  out  into 
passionate  exclamations  ;  she  protested  it  was  im- 
possible ;  or  if  the  book  was  really  found  on  the 
spot,  that  it  was  inexplicable  to  her  how  it  came 
there.  The  Saturday  before  (her  apprehension  hav- 
ing taken  place  on  a  Thursday),  she  had  brushed 
out  the  press  from  top  to  bottom — and  nothing  of 
the  kind  was  then  to  be  found  there. 

In  this  stage  of  the  inquiry,  a  new  witness 
entered  upon  the  scene.  A  respectable  citizen,  a 
dealer  in  wood,  voluntarily  appeared  before  the  au- 
thorities, and  stated  that  his  conscience  would  no 
longer  allow  him  to  conceal  certain  circumstancs 
which  appeared  to  bear  upon  the  question,  though, 
from  an  unwillingness  to  come  forward  or  to  appear 
as  an  informer  against  parties  who  might  be  innocent, 
he  had  hitherto  suppressed  any  mention  of  them. 

Among  his  customers  was  the  well-known  car- 
penter, Isaac  Van  C ,  who  was  generally  con- 
siderably in  arrears  with  his  payments.  These  arrears 
increased ;  the  wood  merchant  became  pressing ; 
at  last   he  threatened   judicial    proceedings.      This 


CIRCUMSTANTIAL     EVIDENCE.  165 

brought  matters  to  a  point.  A  few  days  before  the 
discovery  of  the  robbery  at  Madame  Andrecht'S  the 
carpenter  made  his  appearance  in  his  house,  and 
entreated  him  to  delay  proceedings,  which  he  said 
would  be  his  ruin,  by  bringing  all  his  creditors  on 
his  back.  "See,"  said  he,  "in  what  manner  I  am 
paid  myself,"  putting  a  basket  on  the  table,  which 
contained  a  pair  of  silver  candlesticks  and  a  silver 
coffee-pot.  "One  of  my  debtors  owes  me  upwards  of 
sixty  guldens  ;  I  have  tried  in  vain  to  get  payment, 
and  have  been  glad  to  accept  of  these  as  the  only 
chance  of  making  anything  of  the  debt.  From  the 
silversmiths  here  I  could  not  get  the  half  the  value 
for  them  ;  I  must  keep  them  by  me  till  I  go  to 
Amsterdam,  where  such  things  are  understood  ;  but 
I  shall  leave  them  with  you  in  pledge  for  my  debt." 
The  wood  merchant  at  first  declined  receiving  them, 
but  at  length,  thinking  that  it  was  his  only  prospect 
of  obtaining  ultimate  payment,  he  yielded,  and  the 
articles  remained  on  his  hands. 

A  few  days  afterwards,  the  robbery  became 
public ;  the  list  of  the  silver  articles  contained  a 
coffee-pot  and  candlesticks  ;  and  the  wood  merchant, 
not  doubting  that  the  articles  pledged  had  formed 
part  of  the  abstracted  effects,  placed  them  in  the 
hands  of  the  police. 


1 66  FAMOUS     CASES     OF 

The  court  ordered  the  basket  with  the  plate  to 
be  placed,  covered,  upon  the  table,  and  sent  forth- 
with for  the  carpenter.  He  arrived  in  haste,  but 
seemed  prepared  for  what  followed,  and  without 
waiting  for  the  interrogatories  of  the  judge,  he  pro- 
ceeded with  his  explanation. 

Pressed  by  his  creditor  the  wood  merchant,  the 
carpenter,  in  his  turn,  proceeded  to  press  his  own 
debtors.       Among    these    was    the    Blue    Dragoon, 

Nicholas  D ,    who   was    indebted   to   him  in   an 

account  of  sixty  guldens  for  work  done  on  his 
premises.  Nicholas  entreated  for  delay,  but  the 
carpenter  being  peremptory,  he  inquired  whether 
he  would  not  take  some  articles  of  old  silver  plate  in 
payment,  which,  he  said  had  belonged  to  his  father, 
and  had  been  left  him  as  a  legacy  by  an  old  lady 
in  whose  family  he  had  been  coachman.  It  was  at 
last  agreed  that  the  carpenter  should  take  the  plate 
at  a  certain  value  as  a  partial  payment,  and  it  was 
accordingly  brought  to  his  house  the  same  evening 
by  the  dragoon.  The  latter  advised  him,  in  the  event 
of  his  wishing  to  dispose  of  the  plate,  to  take  it  to 
Amsterdam,  as  the  silversmiths  of  the  place  would 
not  give  him  half  the  value  for  the  articles.  The 
carpenter  asked  him  why  he  had  not  carried  it  to 
Amsterdam  himself.     "  So  I  would,"  he  answered, 


CIRCUMSTANTIAL     EVIDENCE.  167 

"if  you  had  given  me  time.  As  it  is,  give  me  your 
promise  not  to  dispose  of  it  here — I  have  my  own 
reasons  for  it." 

If  this  statement  was  correct — and  there  seemed 
no  reason  to  doubt  the  fairness  of  the  carpenter's 
story — it  pressed  most  heavily  against  the  accused. 
He  was  thus  found  in  possession  of  part  of  the  stolen 
property,  and  disposing  of  it,  under  the  most  sus- 
picious circumstances,  to  a  third  party 

He  was  examined  anew,  and  the  beginning  of  his 
declaration  corresponded  exactly  with  the  deposition 
of  the  carpenter.  The  latter  had  worked  for  him  ; 
he  was  sixty  guldens  in  his  debt.  He  was  asked 
if  he  had  paid  the  account :  he  answered  he  had 
not  been  in  a  condition  to  do  so.  He  was  shown 
the  silver  plate,  and  was  told  what  had  been 
seated  by  the  carpenter.  He  stammered,  became 
pale,  and  protested  he  knew  nothing  of  the  plate ; 
and  in  this  statement  he  persisted  in  the  presence  of 
witnesses.  He  was  then  shown  the  gold  which  had 
been  found  in  his  house.  It  belonged,  he  said,  not 
to  himself,  but  to  his  father-in-law. 

This  part  of  the  statement,  indeed,  was  confirmed 
by  the  other  inmates  of  his  family  ;  but,  in  other 
respects,  their  statements  were  calculated  to  increase 
the  suspicions  against  him.     Nicholas,  for  instance, 


1 68  FAMOUS    CASES    OF 

had  stated  that  no  part  of  his  debt  to  Isaac  had  been 
paid — that  in  fact  he  had  not  been  in  a  condition  tc 
do  so — while  the  other  three  members  of  tLe  house- 
hold, on  the  contrary,  maintained  that  a  few  mouths 
before  he  had  made  a  payment  of  twenty  guldens  to 
Isaac,  expressly  to  account  of  this  claim.  Nicholas 
became  vastly  embarrassed  when  this  contradiction 
between  his  own  statement  and  the  evidence  of  the 
witnesses  was  pointed  out  to  him.  For  the  first  time 
his  composure  forsook  him — he  begged  pardon  for 
the  falsehood  he  had  uttered.  It  was  true,  he  said, 
that  he  had  counted  out  twenty  guldens,  in  the 
presence  of  the  members  of  his  family,  and  told 
them  it  was  intended  as  a  payment  to  account  of 
Isaac's  claim  ;  but  the  money  had  not  been  paid  to 
his  creditor.  He  had  been  obliged  to  appropriate 
it  to  the  payment  of  some  old  gambling  debts,  of 
which  he  could  not  venture  to  inform  his  wife. 

This  departure  from  truth  on  the  part  of  the 
accused  had  apparently  but  slender  bearing  on  the 
question  of  the  robbery;  but  it  excited  a  general 
doubt  as  to  his  statements,  which  further  inquiry 
'ended  to  confirm.  The  carpenter,  anxious  to  re- 
move any  suspicion  as  to  the  truth  of  his  own  story, 
produced  a  sort  of  account-book  kept  by  himself, 
in   which,  under  the   date  of  23d   June,   there   was 


CIRCUMSTANTIAL     EVIDENCE.  169 

the    following    entry,  —  "The    innkeeper,    Nicholas 

D ,    has  this   day  paid  me   the   value   of  thirty 

guldens  in  old  silver."  The  houskeeper  and  ap- 
prentice of  the  carpenter  also  deposed  that  they  had 
been  present  on  one  occasion  when  the  dragoon  had 
proposed  that  their  master  should  take  the  silver  in 
payment. 

The  dragoon  was  removed  from  his  provisional 
custody  to  the  prison  of  the  town  ;'  the  others  were 
subjected  to  a  close  surveillance,  that  all  communica- 
tion between  them  might  be  prevented.  As  all  of 
them,  however,  persisted  in  the  story,  exactly  as  it 
had  at  first  been  told,  stronger  measures  were  at 
length  resorted  to.  On  the  motion  of  the  burgo- 
master,   as  public  prosecutor,    "that    the    principal 

party  accused,  Nicholas  D ,  should  be  delivered 

over  to  undergo  the  usual  preparatory  process  for 
compelling  confession,"  namely  the  torture,  the 
court,  after  consideration  of  the  state  of  the  evi- 
dence, unanimously  issued  the  usual  warrant  against 
him  to  that  effect. 

The  torture  was  to  take  place  the  next  day,  when 
the  following  letter,  bearing  the  post-mark  of  Rot 
terdam,  was  received  by  the  court  : 

"Before  I  leave  the  country,  and  betake  myseli 
where  I  shall  be  bevond  the  reach  either  of  the  court 


i7o  FAMOUS    CASES    OF 

of  M or  the  military  tribunal   of  the  garrison,  I 

would  save  the   poor  unfortunate   persons  who  are 

now  prisoners  at  M .     Beware  of  punishing  the 

innkeeper,  his  wife,  his  father,  and  brother,  for  a 
crime  of  which  they  are  not  guilty.  How  the  story 
of  the  carpenter  is  connected  with  theirs,  I  cannot 
conjecture.  I  have  heard  of  it  with  the  greatest  sur- 
prise. The  latter  may  not  himself  be  entirely  in- 
nocent. Let  the  judge  pay  attention  to  this  remark. 
You  may  spare  yourselves  the  trouble  of  inquiring 
after  me.  If  the  wind  is  favorable,  by  the  time  you 
read  this  letter  I  shall  be  on  my  passage  to  England. 
"Joseph  Christian  Ruiiler, 
"  Former  Corporal  in  the  Company  of  Le  Lery." 

The  court  gladly  availed  themselves  of  the  ap- 
portunity  afforded  by  this  letter  to  put  off  the  torture. 
At  first  sight  it  did  not  appear  a  mere  device  to 
obtain  delay.  A  company  under  Captain  Le  Lery 
was  in  garrison  in  the  town  ;  in  that  company  there 
was  a  corporal  of  the  name  of  Ruhler,  who  some 
weeks  before  had  deserted  and  disappeared  from  his 
quarters.  All  inquiries  after  him  since  had  proved 
in  vain.  The  court  subsequently  learned  from  the 
report  of  the  officer  in  command,  that  he  had  dis- 
appeared the  evening  before  the  day  when  the  news 
of  the  robbery  became  public.  He  had  been  last 
seen  by  the  guard  in  the  course  of  the  afternoon 
before  his  disappearance.  Some  connection  between 
the  events  appeared  extremely  probable. 


CIRCUMSTANTIAL     EVIDENCE.  171 

But  a  new  discovery  seemed  suddenly  to  de- 
ji  olisii  the  conclusions  founded  on  the  letter.  It 
had  been  laid  before  the  commanding  officer,  who 
at  once  declared  the  handwriting  was  counterfeited ; 
it  was  not  that  of  Ruhler,  which  was  well  known, 
nor  had  it  the  least  resemblance  to  it.  The  evidence 
of  several  of  his  comrades,  and  a  comparison  of  the 
handwriting  with  some  regimental  lists,  undoubtedly 
in  the  handwriting  of  Ruhler,  proved  this  beyond  a 
doubt. 

The  strongest  efforts  were  now  made  to  discover 
the  true  writer  of  the  letter ;  and  meantime  the 
torture  was  put  off,  when  two  other  important  wit- 
nesses made  their  appearance  upon  the  stage. 
Neither  had  the  least  connection  with  the  other  ; 
nay,  the  circumstances  which  they  narrated  ap- 
peared in  some  respects  contradictory,  and  while 
they  threw  light  on  the  subject  in  one  quarter,  they 
only  served  to  darken  it  in  another. 

A  merchant  in  the  town,  who  dealt  in  different 
wares,  and  lived  in  the  neighborhood  of  Madame 
Andrecht's  house,  had  been  absent  on  a  journey  of 
business  during  the  discovery  of  the  robbery,  and 
the  course  of  the  subsequent  judicial  proceedings. 
Scarcely  had  he  returned  and  heard  the  story  of  the 
robbery,  when  he  voluntarily  presented  himself  next 


172  FAMOUS     CASES    OF 

morning  before  the  authorities,  for  the  purpose,  as 
he  said,  of  making  important  revelations,  which 
might  have  the  effect  of  averting  destruction  from 
the  innocent. 

At  the  time  when  the  robbery  must  have  taken 
place,    he   had  been  in  the   town.      The   carpenter, 

Isaac  Van  C ,  called  upon  liim  one  day,  begging 

the  loan  of  the  boat,  which  he  was  in  the  custom 
of  using  for  the  transport  of  bales  and  heavy  pack- 
ages to  different  quarters  of  the  town.  The  boat 
generally  lay  behind  the  merchant's  house,  close  to 
his  warehouse,  which  was  situated  on  the  bank  of 
the  town  fosse  already  alluded  to.  Isaac  assured 
him  he  would  require  the  boat  only  for  a  night  or 
two,  and  would  take  care  that  it  was  returned  in 
the  morning  in  good  condition.  To  the  question 
why  he  wanted  the  boat  at  night,  he,  after  some 
hesitation,  returned  for  answer,  that  he  had  en- 
gaged to  transport  the  furniture  of  some  people  who 
were  removing,  and  who  had  their  own  reasons  for 
not  doing  so  in  daylight,  implying  that  they  were 
taking  French  leave  of  their  creditors.  "And  you 
propose  to  lend  yourself  to  such  a  transaction?" 
said  the  merchant,  peremptorily  refusing  the  loan  of 
the  boat.  The  carpenter  interrupted  him  ;  assured 
him   he  had   only  jested  ;  that  his  real  object  was 


CIRCUMSTANTIAL     EVIDENCE.  173 

only  to  amuse  himself  in  fishing-  with  some  of  his 
comrades  ;  and  that  he  had  only  not  stated  that  at 
first,  as  the  merchant  might  be  apprehensive  that 
the  operation  would  dirty  his  boat.  The  merchant 
at  last  yielded  to  the  continued  requests  of  the  car- 
penter, and  agreed  to  lend  him  the  boat,  but  upon 
the  express  condition  that  it  should  be  returned  to 
its  place  in  the  morning.  In  this  respect  the  car- 
penter kept  his  word  ;  when  the  merchant  went  to 
his  warehouse  in  the  morning,  he  saw  tlie  carpenter 
and  his  apprentice  engaged  in  fastening  the  boat. 
They  went  away  without  observing  him.  It  struck 
him,  however,  as  singular,  that  they  appeared  to 
have  with  them  neither  nets  nor  fishing  tackle  of  any 
kind.  He  examined  the  boat,  and  was  surprised 
to  find  it  perfectly  clean  and  dry,  whereas,  if  used 
for  fishing,  it  would  probably  have  been  found  half 
filled  with  water,  and  dirty  enough.  In  this  par- 
ticular, then,  the  carpenter  had  been  detected  in  an 
untruth.  The  boat  had  not  been  fastened  to  its 
usual  place ;  the  merchant  jumped  into  it  for  that 
purpose,  and  from  a  crevice  in  the  side  he  saw  some- 
thing protruding  ;  he  took  it  out ;  it  was  a  couple 
of  silver  forks  wrapped  in  paper.  Thus  the  car- 
penter's first  version  of  the  story— as  to  the  purpose 
for   which   he   wanted   the   boat — was  the    true   one 


174  FAMOUS     CASES     OF 

after  all.  He  had  been  assisting  some  bankrupt  to 
carry  off  his  effects.  Angry  at  having  been  thus 
deceived,  the  merchant  put  the  forks  in  his  pocket, 
and  set  out  forthwith  on  his  way  to  Isaac's.  The 
carpenter,  his  apprentice,  and  his  housekeeper,  were 
in  the  workshop.  He  produced  the  forks.  "These," 
said  he,  "are  what  you  have  left  in  my  boat.  Did 
you  use  these  to  eat  your  fish  with  \  " 

The  three  were  visibly  embarrassed.  They  cast 
stolen  glances  upon  one  another ;  no  one  ventured 
to  speak.  The  housekeeper  first  recovered  her  com- 
posure. She  stammered  out, — "that  he  must  not 
think  ill  of  them  ;  that  her  master  had  only  been 
assisting  some  people  who  were  leaving  the  town 
quietly,  to  remove  their  furniture  and  effects."  As 
the  transaction  was  unquestionably  not  of  the  most 
creditable  character,  this  might  account  for  the 
visible  embarrassment  they  betrayed  ;  when  he  de- 
manded, however,  the  names  of  the  parties  whose 
effects  they  had  been  removing,  no  answer  was 
forthcoming.  The  carpenter  at  last  told  him  he 
was  not  at  liberty  to  disclose  them  then,  but  that  he 
should  learn  them  afterwards.  All  three  pressingly 
entreated  him  to  be  silent  as  to  this  matter.  He  was 
go  ;  but  in  the  mean  time  made  inquiry  quietly  as  to 
who    had    left    the    town,    though  without  success. 


CIRCUMSTANTIAL     EVIDENCE.  175 

Shortly  after,  his  journey  took  place,  and  the  trans- 
action had  worn  out  of  mind,  till  recalled  to  his 
recollection  on  his  return,  when  he  was  made  aware 
of  the  whole  history  of  the  robbery ;  and  forthwith 
came  to  the  conclusion,  that  there  lay  at  the  bottom 
of  the  matter  some  shameful  plot  to  implicate  the 
innocent,  and  shield  those   whom  he  believed  to  be 

the  true   criminals,    namely,    Isaac   Van   C ,    his 

apprentice,  and  housekeeper,  the  leading  witnesses, 
in  fact,  against  the  unfortunate  dragoon. 

The  judge  issued  an  immediate  order  for  the 
arrest  of  the  carpenter  and  his  companions,  before 
publicity  should  be  given  to  the  merchant's  dis- 
closures. No  sooner  were  they  apprehended,  than 
a  strict  scrutiny  was  made  in  the  carpenter's 
house. 

This  measure  was  attended  with  the  most  com- 
plete success.  With  the  exception  of  a  few  trifles, 
the  whole  of  the  effects  which  bad  been  abstracted 
from  Madame  Andrecht's  were  found  in  the  bouse. 
The  examination  of  the  prisoners  produced  a  very 
different  result  from  those  of  Nicholas,  and  his 
comrades.  True,  they  denied  the  charges,  but  they 
did  so  with  palpable  confusion,  and  their  statements 
abounded  in  the  grossest  contradictions  of  each 
other  and   even   of   themselves.     They   came   to   re- 


i76  FAMOUS    CASES     OF 

criminations  and  mutual  accusations ;  and,  being 
threatened  with  the  torture,  they  at  last  offered  to 
make  a  full  confession.  The  substance  of  their 
admissions  was  as  follows  . 

Isaac  Van  C ,  his  apprentice,  and  his  house- 
keeper, were  the  real  perpetrators  of  the  robbery 
at  Madame  Andrecht's.  Who  had  first  suggested 
to  them  the  design  does  not  appear  from  the  evi- 
dence. But  with  the  old  lady's  house  and  its 
arrangements  they  were  as  fully  acquainted  as  the 
dragoon.  The  apprentice,  when  formerly  in  the 
service  of  another  master,  had  wrought  in  it,  and 
knew  every  corner  of  it  thoroughly.  They  had 
borrowed  the  boat  for  the  purpose  of  getting  access 
across  the  canal  into  the  garden,  and  used  it  for 
carrying  off  the  stolen  property,  as  already  men- 
tioned. On  the  morning  when  the  robbery  became 
public,  the  master  and  the  apprentice  had  mingled 
with  the  crowd  to  learn  what  reports  were  in  circula- 
tion on  the  subject.  Among  other  things  the  ap- 
prentice had  heard  that  the  woolspinner' s  wife  had 
unhesitatingly  expressed  her  suspicions  against  the 
Blue  Dragoon.  Of  this  he  informed  his  comrades, 
and  they,  delighted  at  finding  so  convenient  a  scape- 
goat for  averting  danger  from  themselves,  forthwith 
formed  the   design  of  directing,  by  every  means   in 


CIRC  UM  S  TANTIAL     E  VIDENCE.  1 7  7 

their  power,   the   suspicions  of  justice  against  the 
innkeeper. 

The  apprentice  entered  the  drinking  room  of  the 
innkeeper,  and  called  for  some  schnapps,  at  the  same 
time  asking  for  a  coal  to  light  his  pipe.  While  the 
innkeeper  went  out  to  fetch  the  coal,  the  apprentice 
took  the  opportunity  of  slipping  the  widow's  memo- 
randum book,  which  he  had  brought  in  his  pocket, 
betwixt  the  drawers. 

If  these  confessions  were  to  be  trusted,  the  dragoon 
and  his  family  seemed  exculpated  from  any  actual 
participation  in  the  robbery.  Still,  there  were  cir- 
cumstances which  these  confessions  did  not  clear 
up.  That  the  carpenter  had  himself  pledged  the 
silver  plate  with  the  wood  merchant,  without  hav- 
ing received  it  from  Nicholas,  was  now  likely 
enough ;  he  liacl  accused  him,  probably,  only  to 
screen  himself.  But  how  came  Nicholas's  hand- 
kerchief to  be  found  at  the  side  of  the  hedge  ?  How 
came  the  excise  receipt,  which  belonged  to  him,  to 
be  used  as  a  match  by  the  thieves?  The  carpenter 
and  his  comrades  declared  that  as  to  these  facts  they 
knew  nothing ;  and  as  they  had  now  no  inducem 
to  conceal  the  truth,  there  could  be  no  reasonable 
doubt  that  their  statement  might,  in  these  particulars, 

be  depended  upon. 

12 


i78  FAMOUS    CASES    OF 

The  suspicion  again  arose  that  other  accomplices 
must  be  concerned  in  the  affair ;  and  the  subject  of 
the  letter  from  the  corporal  who  had  deserted, 
became  anew  the  subject  of  attention.  If  not  written 
by  himself,  it  might  have  been  written  at  his  sug- 
gestion, and  in  one  way  or  other  he  might  have  a 
connection  with  the  mysterious  subject  of  the  rob- 
bery. 

In  fact,  while  the  proceedings  against  the  car- 
penter and  his  associates  were  in  progress,  an  in- 
cident had  occurred,  which  could  not  fail  to  awaken 
curiosity  and  attention  with  regard  to  this  letter. 
The  schoolmaster  of  a  village  about  a  league  from 
the  town  presented  himself  before  the  authorities, 
exhibited  a  scrap  of  paper  on  which  nothing  ap- 
peared but  the  name  Joseph  Christian  Ruhler,  and 
inquired  whether,  shortly  before,  a  letter  in  this 
handwriting  and  subscribed  with  this  name,  had 
not  been  transmitted  to  the  court?  On  comparing 
the  handwriting  of  the  letter  with  the  paper  ex- 
hibited by  the  schoolmaster,  it  was  unquestion- 
able that  both  were  the  production  of  the  same 
hand. 

The  statement  of  the  schoolmaster  was  this  : 

In  the  village  where  he  resided,  there  was  a  deaf 
and    dumb    young    man,    named    Henry   Hechting, 


CIC  UMSTANTIAL     E  VIDENCE.  1 7  9 

who  had  been  sent  by  the  parish  to  the  school- 
master for  board  and  education.  He  had  succeeded 
in  imparting  to  the  unfortunate  youth  the  art  of 
writing ;  so  perfectly,  indeed,  that  he  could  com- 
municate with  any  one  by  means  of  a  slate  and 
slate-pencil  which  he  always  carried  about  with  him. 
He  also  wrote  so  fair  a  hand,  that  he  was  employed 
by  many  persons,  and  even  sometimes  by  the  au- 
thorities, to  transcribe  or  copy  writings  for  them. 
Some  time  before,  an  unknown  person  had  ap- 
peared in  the  village,  had  inquired  after  the  deaf 
and  dumb  young  man  in  the  schoolmaster's  absence, 
and  had  taken  him  with  him  to  the  alehouse  to  write 
out  something  for  him.  The  unknown  had  called 
for  a  private  room,  ordered  a  bottle  of  wine,  and, 
by  means  of  the  slate,  gave  him  to  understand  that 
he  wanted  him  to  make  a  clean  copy  of  the  draft 
of  a  letter  which  he  produced.  Hechting  did  so  at 
once  without  suspicion.  Still,  the  contents  of  the 
letter  appeared  to  him  of  a  peculiar  and  questionable 
kind,  and  the  whole  demeanor  of  the  stranger 
evinced  restlessness  and  anxiety.  When  he  came, 
however,  to  add  the  address  of  the  letter,  "To  Herr 
Van  der  R ,  Burgomaster  of  M ,"  he  hesi- 
tated to  do  so,  and  yielded  only  to  the  pressing  en- 
treaties  cf  the  stranger,  who  paid  him  a  gulden  for 


i  So  FAMOUS     CASES    OF 

his  trouble,  requesting  hirn  to  preserve  strict  silence 
as  to  the  whole  affair. 

The  deaf  and  dumb  youug  man,  when  he  began 
to  reflect  on  the  matter,  felt  more  and  more  convinced 
that  he  had  unconsciously  been  made  a  party  to 
some  illegal  transaction.  He  at  last  confessed  the 
whole  to  his  instructor,  who  at  once  perceived  that 
there  existed  a  close  connection  between  the  incident 
which  had  occurred  and  the  criminal  procedure  in 
the  noted  case  of  the  robbery.  The  letter  of  the  cor- 
poral had  already  got  into  circulation  in  the  neigh- 
borhood, and  was  plainly  the  one  which  his  pupil 
had  been  employed  to  copy.  The  schoolmaster  set 
on  foot  a  small  preliminary  inquiry.  He  hastened 
to  the  innkeeper  of  the  village  inn,  and  asked  him 
if  he  could  recollect  the  stranger  who  some  days 
before  had  ordered  a  private  room  and  a  bottle  of 
wine,  and  who  had  been  for  some  time  shut  up  with 
the  deaf  and  dumb  lad.  The  host  remembered  the 
circumstance,  but  did  not  know  the  man.  His  wife, 
however,  recollected  that  she  had  seen  him  talking 
on  terms  of  cordial  familiarity  with  the  corn  miller, 
Overblink,  as  he  was  resting  at  the  inn  with  his 
carts.  The  schoolmaster  repaired  on  the  spot  to 
Overblink,  inquired  who  was  the  man  with  whom 
he  had  conversation  and  shaken  hands  some  days 


CIRUMSTANTIAL     EVIDENCE.  181 

before  at  the  inn  ;  and  the  miller  without  much 
hesitation,  answered,  that  he  remembered  the  day, 
the  circumstance,  and  the  man,  very  well ;  and  that 

the  latter  was  his  old  acquaintance  the  baker,  H , 

from  the  town.  The  schoolmaster  hastened  to  lay 
these  particulars  before  the  authorities. 

How,    then,    was   the   well-known  baker,   H , 

implicated  in  this  affair,  which  seemed  gradually  to 
be  expanding  itself  so  strangely  %  The  facts  as  to  the 
robbery  itself  seemed  exhausted  by  the  confessions 
of  the  carpenter  and  his  associates.  They  alone 
had  broken  into  the  house — they  alone  had  carried 
off  and  appropriated  the  stolen  articles.  And  yet,  if 
the  baker  was  entirely  unconnected  with  the  matter, 
what  could  be  his  motive  for  mixing  himself  up 
with  the  transaction,  and  writing  letters,  as  if  to 
avert  suspicion  from  those  who  had  been  first  ac- 
cused ?  Was  his  motive  simply  compassion  ?  Was 
he  aware  of  the  real  circumstances  of  the  crime,  and 
its  true  perpetrators  ?  Did  he  know  that  the  Blue 
Dragoon  was  innocent  ?  But  if  so,  why  employ  this 
mysterious  and  circuitous  mode  of  assisting  him  ? 
Why  resort  to  this  anxious  precaution  of  employing 
a  deaf  and  dumb  lad  as  his  amanuensis?  why  such 
signs  of  restlessness  and  apprehension, — such  anxious 
injunctions  of   silence?    Plainly  the  baker  was  not 


i82  FAMOUS    CASES    OF 

entirely  innocent :  this  was  the  conviction  left  on  the 
minds  of  the  judges  ;  for  it  was  now  recollected  that 
this  baker  was  the  same  person  who,  on  the  morning 
when  the  robbery  was  detected,  had  contrived  to 
make  his  way  into  the  house  along  with  the  officers 
of  justice.  It  was  he  who  had  lifted  from  the 
ground  the  match  containing  the  half-burnt  receipt, 
and  handed  it  to  the  officers  present.  His  excessive 
zeal  had  even  attracted  attention  before.  Had  he, 
then,  broken  into  the  house  independently  of  the 
carpenter?  Had  be,  too,  committed  a  robbery — and 
was  he  agitated  by  the  fear  of  its  detection  \  But  all 
the  stolen  articles  had  been  recovered,  and  all  of 
them  had  been  found  with  the  carpenter.  The 
mystery,  for  the  moment,  seemed  only  increased  ; 
bat  it  was  about  to  be  cleared  up  in  a  way  wonderful 
enough,  but  entirely  satisfactory. 

While  the  schoolmaster  and  the  miller  Overblink 
were  detained  at  the  council-chamber,  the  baker 
H was  taken  into  custody.  A  long  and  circum- 
stantial confession  was  the  result,  to  the  particulars 
of  which  we  shall  immediately  advert.  From  his 
disclosures,  a  warrant  was  also  issued  for  the  appre- 
hension  of   the    woolspinner,    Leendert  Van  N 

and  his  wife— the  same  who  had  at  first  circulated 
the  reports  and  suspicions  against  the  dragoon ;  and 


CIRCUMSTANTIAL     EVIDENCE.  i8j 

wlio  had  afterwards  given  such  jxlausible,  and,  as  it 
appeared,  such  frank  and  sincere  information  against 
him  before  the  court.  Both  had  taken  the  oppor- 
tunity of  making  off;  but  the  pursuit  of  justice  was 
successful — before  evening  they  were  brought  back 
and  committed  to  prison. 

The  following  disclosures  were  the  result  of  the 
confessions  of  the  guilty,  and  of  the  other  witnesses 
who  were  examined. 

On  the  evening  of  the  29th  June,  there  were 
assembled  in  the  low  and  dirty  chamber  of  the  wool- 
spinner,  Leendert  Van  N ,  a  party  of  card- 
players.  It  has  already  been  mentioned  that  this 
quarter  of  the  town  was  in  a  great  measure  in- 
habited by  the  disreputable  portion  of  the  public — 
only  a  few  houses,  like  those  of  Madame  Andrecht, 
being  occupied  by  the  better  classes.  The  gamblers 
were  the  Corporal  Ruhler,  of  the  company  of  Le 
Lery,  then  lying  in  garrison  in  the  place,  the  master 

baker  H ,  and   the   host   himself,  Leendert  Van 

N .      The  party   were   old    acquaintances ;    they 

hated  and  despised  each  other,  but  a  community  of 
interests  and  pursuits  drew  them  together. 

The  baker  and  corporal  had  been  long  ac- 
quainted ;  the  former  baked  the  bread  for  the 
garrison    company,    the    latter    had    the    charge    oJ 


184  FAMOUS    CASES    OF 

receiving  it  from  Mm.  The  corporal  had  soon  de- 
tected various  frauds  committed  by  the  baker,  and 
gave  the  baker  the  choice  of  denouncing  them  to 
the  commanding  officer,  or  sharing  with  him  the 
profits  of  the  fraud.  The  baker  naturally  chose  the 
latter,  but  hated  the  corporal  as  much  as  he  feared 
him ;  while  the  latter  made  him  continually  feel 
how  completely  he  considered  him  in  his  power. 

A  still  deadlier  enmity  existed  between  the  cor- 
poral and  the  woolspinner  and  Ms  wife.  The  latter 
had  formerly  supplied  the  garrison  with  gaiters  and 
other  articles  of  clothing,  and  he  had  reason  to 
believe  that  the  corporal  had  been  the  means  of  de- 
priving him  of  tMs  commission,  by  which  he  had 
suffered  materially.  But  the  corporal  had  still  a 
good  deal  in  his  power  ;  he  might  be  the  means  of 
procuring  other  orders,  and  it  was  necessary,  there- 
fore, to  suppress  any  appeaarar.ee  of  irritation,  and 
even  to  appear  to  court  his  favor. 

These  worthy  associates  were  playing  cards  on  the 
evening  above-mentioned  ;  they  quarreled  ;  and  the 
quarrel  became  more  and  more  embittered.  The 
long  suppressed  hatred  on  the  part  of  the  baker  and 
the  woolspinner  burst  forth.  The  corporal  retorted 
in  terms  equally  offensive  ;  he  applied  to  them  the 
epithets   which  they   deserved.      From   words  they 


CIRCUMSTANTIAL     EVIDENCE.  185 

proceeded  to  blows,  and  deadly  weapons  were  laid 
hold  of  on  both  sides.  But  two  male  foes  and  a 
female  fury,  arrayed  on  one  side,  were  too  much  for 
even  a  soldier.  The  corporal,  seized  and  pinioned 
from  behind  by  the  woman,  fell  under  the  blows  of 
the  woolspinner.  As  yet  the  baker  had  rather 
hounded  on  the  others  than  actually  interfered  in 
the  scuffle  ;  but  when  the  corporal,  stretched  on  the 
ground,  and  his  head  bleeding  from  a  blow  on  the 
corner  of  the  table,  which  he  had  received  in  falling, 
began  to  utter  loud  curses  against  them,  and  to 
threaten  them  all  with  public  exposure — particularly 
that  deceitful  scoundrel  the  baker  —  the  latter, 
prompted  either  by  fear  or  hatred^  whispered  to 
the  woolspinner  and  his  wife  that  now  was  the  time 
to  make  an  end  of  him  at  once  ;  and  that  if  they 
did  not,  they  were  ruined. 

The  deadly  counsel  was  adopted  ;  they  full  upon 
the  corporal ;  with  a  few  blows  life  was  extinct.  The 
deed  was  irrevocable  ;  all  three  had  shared  in  it ; 
all  were  alike  guilty,  and  had  the  same  reason  to 
tremble  at  the  terrors  of  the  law.  They  entered 
into  a  solemn  mutual  engagement  to  be  true  to  each 
other  and  to  preserve  inviolable  secresy  as  to  the 
crime. 

On  the  night  of  the  murder,   they  had  devised 


1 86  FAMOUS     CASES     OF 

no  plan  for  washing  out  the  blood,  and  removing 
the  body,  which  of  course  required  to  be  disposed  of, 
so  that  the  disappearance  of  Ruhler  might  cause  no 
suspicion.  The  next  morning,  however,  they  met 
again  at  the  woolspinner' s  house  to  arrange  their 
plans.  Suddenly  a  noise  was  heard  in  the  street, — 
it  was  the  commotion  caused  by  the  news  of  the  dis- 
covery of  the  robbery  at  Madame  Andrecht's.  The 
culprits  stood  pale  and  confounded.  What  was 
more  probable  than  that  an  immediate  search  in 
pursuit  of  the  robbers,  or  of  the  stolen  articles, 
would  take  place  into  every  house  of  this  suspected 
and  disreputable  quarter.  The  woolspinner' s  house 
was  the  next  to  that  which  had  been  robbed ;  the 
flooring  was  at  that  moment  wet  with  blood ;  the 
body  of  the  murdered  corporal  lay  in  the  cellar. 

The  object,  then,  was  to  give  to  the  authorities 
such  hints  as  should  induce  them  to  pass  over  the 
houses  of  the  baker  and  the  woolspinner.  The 
woolspinner' s  wife  had  the  merit  of  devising  the 
project  which  occurred  to  them.  The  Blue  Dragoon 
was  to  be  the  victim.  A  robbery  had  taken  place. 
Why  might  he  not  have  been  the  criminal  ?  He  had 
often  scaled  the  hedge — had  often  entered  the  house 
at  night  during  his  courtship.  But  then  a  corrob- 
orating  circumstance  might   be   required  to  ground 


CIRCUMSTANTIAL     EVIDENCE.  187 

the  suspicion.  It  was  supplied  by  the  possession  of 
a  handkerchief  which  he  had  accidentally  dropped 
in  her  house,  and  which  she  had  not  thought  it 
necessary  to  restore  to  him. 

The  invention  of  the  baker  came  to  the  aid  of 
the  woolspinner'  s  wife.  One  token  was  not  enough  ; 
a  second  proof  of  the  presence  of  the  dragoon  in 
Madame  Andrecht's  house  must  be  devised.  The 
baker  had,  one  day,  been  concluding  a  bargain  with 
a  peasant  before  the  house  of  the  dragoon.  He 
required  a  bit  of  paper  to  make  some  calculation, 
and  asked  the  host  for  some,  who  handed  him  an 
old  excise  permit,  telling  him  to  make  his  calcula- 
tions on  the  back.  This  scrap  of  paper  the  baker 
still  had  in  his  pocket-book.  This  would  un- 
doubtedly compromise  the  dragoon.  But  then  it 
bore  the  name  and  handwriting  of  the  baker  on  the 
back.  This  portion  of  it  was  accordingly  burnt ; 
the  date  and  the  signature  of  the  excise  officer  were 
enough  for  the  diabolical  purpose  it  was  intended 
to  effect.  It  was  rolled  up  into  a  match,  and  de- 
posited by  the  baker  (who,  as  already  said,  had  con- 
trived to  make  his  way  along  with  the  police  into 
the  house)  upon  the  floor,  where  he  pretended  to 
find  it,  and  delivered  it  to  the  authorities. 

The  machinations  of  these  wretches  were  uncon- 


1 83  FAMOUS     CASES     OF 

sciously  assisted  by  those  of  the  carpenter  and  his 
confederates.  The  suspicion  which  the  handkerchiei 
and  the  match  had  originated,  the  finding  of  the 
pocket-book  within  the  house  of  the  dragoon  ap- 
peared to  confirm  and  complete, — an  accidental  con- 
currence of  two  independent  plots,  both  resorted  to 
from  the  principle  of  self-preservation,  and  having 
in  view  the  same  object. 

But  this  object,  so  far  as  concerns  the  baker  and 
the  woolspinner,  had  been  too  effectually  attained. 
They  had  wished  to  excite  suspicion  against 
Nicholas,  only  with  the  view  of  gaining  time  to 
remove  the  corpse,  and  efface  the  traces  of  the 
murder.  This  had  been  effected — their  intrigue  had 
served  its  purpose  ;  and  they  could  not  but  feel  some 
remorse  at  the  idea  that  an  innocent  person  should 
be  thereby  brought  to  ruin. 

They  met  and  consulted  as  to  their  plans.  A 
scheme  occurred  to  tbem  which  promised  to  serve 
a  double  purpose, — by  which  delaj^  might  be  ob- 
tained for  Nicholas,  while  at  the  same  time  it  might 
be  made  the  means  of  permanently  ensuring  their 
own  safety.  To  resuscitate  the  murdered  Corporal 
Kuhler  in  another  quarter,  and  to  charge  him  with 
the  guilt  of  the  robbery,  might  serve  both  ends.  It 
gave  a  chance  of  escape  to  Nicholas  ;  it  accounted 


CIRCUMSTANTIAL     EVIDENCE.  i8g 

for  the  disappearance  of  the  corporal.  Hence  the 
letter  which  represented  him  as  alive,  as  the  per- 
petrator of  the  robbery,  and  as  a  deserter  flying  to 
another  country  ;  which  they  thought  would  very 
naturally  put  a  stop  to  all  further  inquiry  after  him. 

But  their  plan  was  too  finely  spun,  and  the  very 
precautions  to  which  they  had  resorted,  led  to  dis- 
covery. If  they  had  been  satisfied  to  allow  the  pro- 
posed letter  to  be  copied  out  by  the  woolspinner's 
wife,  as  she  offered,  to  be  taken  by  her  to  Rot- 
terdam, and  put  into  the  post,  suspicion  could 
hardly  have  been  awakened  against  them  ;  the  hand- 
writing of  the  woman,  who  had  seldom  occasion  to 
use  the  pen,  would  have  been  unknown  to  the  burgo- 
master or  the  court.  The  deaf  and  dumb  youth,  to 
whom  they  resorted  as  their  copyist,  betrayed  them  ; 
step  by  step  they  were  traced  out, — and,  between 
fear  and  hope,  a  full  confession  was  at  last  extorted 
from  them. 

Sentence  of  death  was  pronounced  against  the 
parties  who  had  been  concerned  in  the  housebreak- 
ing as  well  as  in  the  murder,  and  carried  into  effect 
against  all  of  them,  with  the  exception  of  the  wool 
spinner's  wife,  who  died  during  her  imprisonment. 
The  woolspinner  alone  exhibited  any  signs  of  peni- 
tence. 


i  go  FAMOUS    CASES     OF 


XXIX. 

The   Miller's   Ni  ece. 

Neae  the  town  of  C -,  in   Yorkshire,  there 

lived,  in  the  last  centiny,  an  old  bachelor,  who  had 
thriven  well  as  a  miller.  His  name  was  John  Smith  ; 
but  he  was  generally  known  in  his  neighborhood 
only  by  the  title  of  "Old  Johnny.*'  He  was  a  man 
of,  at  least,  average  honesty,  not  ill-disposed,  very 
illiterate,  and  wholly  devoted  to  worldly  gain.  Old 
Johnny  was  never  seen  at  church  ;  his  mill  was  his 
place  of  worship.  He  was  a  sincere  money-wor- 
shiper ;  and  never  attempted  to  disguise  the  fact 
by  contributions  to  any  charities  or  religious  institu- 
tions. The  house  in  which  he  lived  was  situated 
close  behind  his  mill,  on  the  bank  of  the  river  which 
flows  at  the  foot  of  the  hill  on  which  the  town  is 
built.  On  that  side  of  the  stream  there  were  no 
other  houses  ;  but,  within  a  stone-throw  of  his  mil', 
on  the  side  of  the  river  nearer  the  town,  there  was 
collection  of  cottages  known  by  the  name  of  Fording- 
place.  and  noted  as  a  resort  for  vagabonds.  About 
half  a  mile  further  up  the  river,  there  was  a  respect 


CIRCUMSTANTIAL     EVIDENCE.  191 

able  house  inhabited  by  Stephen  Bracewell,  an 
attorney,  and  his  only  son  Richard,  who  belonged 
to  the  same  profession.  Old  Johnny's  house  was 
one  of  those  substantial  stone-built  farm  houses, 
with  a  large  porch,  low  windows,  and  stone  floors, 
which  are  still  to  be  seen  in  many  of  the  rural 
districts  of  Yorkshire  and  Lancashire. 

Margaret,  the  miller's  niece,  presided  over  his 
domestic  economy.  She  was  a  sensible,  shrewd, 
and  well- domesticated  young  woman,  the  only  rela- 
tive of  whom  the  old  man  took  any  notice,  and 
had  made  herself  seem  indispensable  to  the  miller's 
comfort  by  her  good  management  of  his  household. 
There  was  only  one  point  of  disagreement  between 
the  miller  and  his  neice,  and  this  was  in  the  en- 
couragement which  she  gave  to  the  addresses  of 
Richard,  the  son  of  the  attorney  whom  we  have 
mentioned.  Though  Richard  was  a  young  man  of 
good  character,  he  had  no  great  worldly  prospects; 
besides,  in  some  business  which  they  had  transacted 
together,  Old  Johnny  had  quarrelled  with  Stephen 
Bracewell.  This,  added  to  his  dislike  of  losing  a 
ood  housekeeper,  made  the  miller  violently  opposed 
to  the  proposed  mate'),  an  1  he  never  failed  to  show 
a  discontented  aspect  when  Richard  had  visited  the 
mill.      Besides  this  opposition,  Richard  had  to  en- 


192  FAMOUS    CASES    OF 

counter  a  rival  candidate  for  Margaret's  hand  in  a 
man  of  a  very  singular  character.  There  lived  a 
few  woolen  weavers  at  Fording-place,  and  among 
them  was  a  man  rather  beyond  the  middle  age,  of 
the  name  of  Singleton.  In  some  way  he  had  ac- 
quired more  knowledge  than  his  neighbors ;  for  he 
could  read,  and  even  write.  His  hopeless  passion 
for  Margaret,  or  some  other  cause,  had  impaired  his 
intellect,  and  he  excited  the  curiosity  of  his  neigh- 
bors by  the  accounts  of  his  "visions,"  which  he 
committed  to  paper,  and  in  which  Margaret  often, 
much  to  her  own  dissatisfaction,  played  the  most 
prominent  part.  Though  certainly  crazy,  he  was 
frequently  consulted  as  a  medical  adviser  by  his 
ignorant  neighbors,  and  even  by  people  who  came 
from  a  distance  for  the  purpose  ;  for  he  was  deep 
in  all  the  mysteries  of  an  old  herbal,  which  told 
wondrous  tales  of  the  "  starry  influences  "  of  Mars, 
Jupiter,  Saturn,  and  all  the  other  planets  upon 
medical  plants. 

In  this  collection  of  cottages  there  was  one  miser- 
able old  house,  notorious  throughout  the  neighbor- 
hood as  the  resort  of  a  gang  of  very  disorderly 
characters.  An  old  woman,  of  a  most  unfavorable 
aspect,  with  her  daughter  Nell,  were  the  tenants  of 
this  old  building,  in   which   they   sheltered  a  pa:ty 


CIRCUMSTANTIAL     EVIDENCE.  193 

of  vagabonds,  of  whom  the  two  most  notorious  were 
known  by  the  names  of  Will  and  Ned  Crooks.  A 
frequent  visitor  at  this  infamous  abode  was  a  young 
man  of  the  most  dissolute  character,  whose  relatives 
kept  a  public  house  in  the  town.  He  had,  it 
appears,  some  independent  property,  which  he  con- 
sumed among  the  basest  of  companions  in  the 
practice  of  the  lowest  debauchery. 

Old  John  the  miller  had  frequently  had  serious 
disputes  with  the  inmates  of  Nell  Crooks'  establish- 
ment on  account  of  their  inroads  upon  his  property  ; 
and  he  had  threatened  a  prosecution  against  the 
brothers,  Will  and  Ned,  for  stealing  his  poultry. 

One  day  young  Nell  made  her  appearance  at  the 
mill,  to  urge  a  petition,  in  behalf  of  her  friends, 
that  Margaret  would  persuade  the  "auld  fellow" 
not  to  proceed  with  the  prosecution. 

Margaret  only  answered  that  she  should  not  in- 
terfere in  the  business  at  all ;  but  that  her  uncle's 
patience  was  quite  worn  out  by  the  numerous  depre- 
dations made  upon  his  property.  Still  the  stout 
young  advocate  urged  her  petition. 

But  Margaret  still  persisted  in  her  refusal,  and, 
after  trying  in   vain  the   force   of  a   climax   of  en- 
treaties, Nell  had  recourse  to  abusive  and  threaten- 
ing speeches. 
13 


i94  FAMOUS     CASES     OF 

In  the  evening  of  the  same  day,  both  Margaret 
and  her  uncle  went  out  to  transact  some  little 
business  with  a  man  who  rented  a  small  piece  of 
land  belonging  to  the  miller.  The  house  of  this 
little  farmer  was  situated  up  in  the  fields,  about 
half  a  mile  distant  from  the  mill.  The  path  to  it 
led  along  by  the  mill-stream,  as  far  as  a  little  copse, 
where  the  stream  joined  its  parent  river,  from  which 
it  had  been  separated  awhile  that  it  might  turn  Old 
Johnny's  wheel.  At  the  farmer's  house  he  drank, 
during  his  talk  on  business,  rather  more  than  his 
usual  quantity  of  good  ale ;  but,  when  he  left  the 
house,  he  flung  aside  the  proffered  assistance  of 
Margaret's  arm. 

The  night  was  misty,  and  Margaret  frequently 
lost  sight  of  her  uncle's  figure,  as  he  walked  a  few 
yards  in  advance ;  but  he  now  and  then  declared 
his  presence  by  breaking  forth  in  some  half-tipsy 
ejaculation. 

About  half-past  nine  o'clock  Margaret  arrived  at 
home,  and  immediately  asked  the  servant-maid  if 
her  uncle  had  not  just  entered  the  house,  when  the 
housekeeper  answered  "No;"  but  added,  that  -a 
young  man  had  shortly  before  crossed  the  mill- 
stream,  and  gone  over  the  ford.  The  niece  ex- 
pressed some  surprise,  but  said  that  her  uncle  must 


CICUMSTANTTAL    EVIDENCE.  195 

be  somewhere  about  the  premises,  and  would  soon 
be  coming  in.  Half  an  hour  passed  away,  and  then 
a  footstep  was  heard  in  the  porch. 

"  That  is  not  the  master,"  said  the  servant-maid. 

"No,"  said  Margaret,  "it  is  Richard  Brace  well," 
as  she  rose  and  opened  the  door  for  her  visitor. 

Shortly  afterwards  the  servant-maid  left  the 
house,  professing  to  feel  great  anxiety  on  account 
of  her  master's  non-appearance.  She  did  not  enter 
the  house  again  until  Richard  Bracewell  had  de- 
parted. When  she  came  in  Margaret  asked,  "Have 
you  seen  my  uncle  \ ' ' 

"No,"  replied  Susan. 

"Then  ha\e  you  seen  Master  Richard  Brace- 
well?" 

"No,"  said  Susan. 

"Strange!"  exclaimed  Margaret;  "for  he  has 
just  left  the  house  to  search  for  my  uncle." 

"Then  he  has  not  crossed  the  ford,"  said  Susan, 
"  for  I  have  only  just  now  come  over." 

"  But  what  should  you  be  doing  on  the  other  side 
of  the  river  ?"  said  Margaret. 

"  Why,  looking  for  my  master,  to  be  sure,"  the 
girl  replied. 

"Why  should  you  think  he  had  crossed  the 
ford  ? ' '  said  Margaret. 


ic/o  FAMOUS    CASES    OF 

"  Nay,  gracious  Heaven  only  knows  where  lie 
is,"  said  the  girJ,  with  a  confused  look. 

For  three  days  no  tidings  were  heard  either  ql 
the  disolute  Will  Naylor,  or  of  the  old  miller  ;  and 
all  the  neighborhood  was  full  of  excitement  about 
these  mysterious  disappearances.  The  excitement 
of  the  people  rose  higher,  when  it  was  observed  that 
Will  Crooks  was  also  missing.  But  on  the  evening 
of  the  third  day  the  whole  neighborhood  was  amazed 
by  a  singular  incident. 

Jonas  Singleton,  the  crazy  weaver,  was  in  the 
habit,  when  his  work  was  done,  of  taking  a  walk 
in  the  fields,  over  the  ford,  either  for  the  purpose 
of  seeing  "visions,"  (as  he  called  his  hallucinations,) 
or  of  collecting  medicinal  herbs.  He  frequently  re- 
turned from  one  of  these  rambles  with  a  long  story 
of  some  "vision"  he  had  seen  in  the  fields,  and  in 
which  realities  and  strange  fancies  were  most 
curiously  intermingled.  Accounts  of  these  "vis- 
ions" he  would  write  out  in  a  fair,  legible  hand; 
then  throw  them  aside  and  soon  forget  them,  or  give 
them  to  the  first  person  who  asked  him  if  he  had 
any  "new  visions!"  Sometimes  he  would  put  one 
of  his  papers  into  the  hand  of  a  child,  telling  him 
to  give  it  to  his  father,  and  saying  ' '  there  is  some- 
thing  in  it  which    concerns    him."      He    also    had 


CIRCUMSTANTIAL     EVIDENCE.  197 

frequently  sent  his  papers  through  the  hands  of 
Susan  to  her  mistress,  until  Margaret  had  forbidden 
the  girl  to  receive  any  more  of  them.  It  was  a 
curious  circumstance,  that  he  generally  prefaced 
these  visions  with  a  statement  of  the  exact  spot  on 
which  he  stood,  and  of  the  quarter  of  the  heavens 
toward  which  his  face  was  turned.  Thus  he  would 
begin — "Standing  in  the  west  owner  of  the  miller' s 
field,  near  the  copse,  (where  thw  cuckoo-pint  flour- 
ishes,) moon  in  her  first  quarfrw — -hazy  weather — 
face  south-south-west  —  I  saw,"  foe.  Though  he 
wrote  down  these  "visions"  with  all  possible  so- 
lemnity, he  must  have  had  some  lurking  sense  or. 
their  reality,  as  he  betrayed  no  emotion  even  when 
he  had  seen  "burials  of  his  neighbors,"  &c.  He 
seldom  communicated  any  of  his  vAsions  in  any 
other  way  than  by  writing,  and,  as  the  whole  neigh- 
borhood was  accustomed  to  his  marvelous  stories, 
if  he  had  reported  that  he  had  discover. ed  a  chest 
of  gold  in  the  field,  nobody  would  have  rt?n  to  look 
after  it.  But,  on  the  evening  of  the  third  day  after 
the  miller's  disappearance,  this  eccentric  visionary 
returned  from  his  usual  ramble  with  an  altered  de- 
meanor, excited  and  perturbed,  so  that  he  could 
hardly  speak  articulately.  He  seemed  to  have  >aade 
some    discovery   which    urged    him   to   speak,    a  ad, 


i98  FAMOUS    CASES    OF 

when  his  strange  conduct  had  excited  the  curiosity 
of  some  neighbors  who  gathered  round  him,  he 
burst  forth  with  a  revelation  which  astonished  all 
present.  "In  the  corner  of  the  miller's  field,"  said 
he;  "just  where  the  mill- s( ream  flows  by  the  copse, 
there  lies  in  the  water  the  body  of  old  John  Smith. 
Why  he  lies  there,  Mistress  Margaret  must  tell ;  or, 
perhaps,  Master  Richard  Bracewell  may  be  able  to 
give  some  information  upon  it,  as  he  is  a  lawyer." 

This  sounded  like  a  reality,  and  several  of  the 
hearers  ran  immediately  to  the  place  specified,  and 
found  that  Singleton  had,  for  once,  seen  nothing 
more  than  the  fact.  There,  in  the  mill-stream, 
darkly  shaded  by  overhanging  boughs,  lay  the 
swollen  corpse  of  the  miller.  The  face  was  livid, 
and  there  were  marks  of  bruises  upon  the  temples. 

By  this  time,  the  magistrate  had  heard  of  the 
occurrence,  and  issued  orders  that  the  body  should 
be  conveyed  to  a  room  beneath  the  town-hall.  The 
coroner's  inquest  sat  upon  it  the  next  day,  and  a 
verdict  was  returned,  "Found  in  the  mill-stream 
at  the  foot  of  the  miller's  field;  but  how  the  de- 
ceased came  there,  the  jury  cannot  say." 

Meanwhile  great  excitement  was  felt  throughout 
the  neighborhood,  on  account  of  the  continued 
absence  of   Richard    Bracewell,    Will    Crooks    and 


CIRCUMSTAXTIAL     EVIDENCE.  199 

Will  Nay  lor.  At  Fording-place  the  "visions"  of 
Singleton  and  the  insinuations  of  Nell  had  worked 
up  the  people  to  such  a  fury  against  Richard  Brace- 
well  and  Margaret,  that  the  latter  was  hardly  safe 
in  the  mill ;  and,  accordingly,  Mr.  Bracewell,  the 
elder,  gave  her  shelter  in  his  house. 

On  the  14th  day  of  November,  Richard  Brace- 
well  returned,  wet  and  weary,  late  in  the  evening, 
to  his  father's  house.  When  this  became  known, 
and  it  was  also  circulated  by  the  zealous  Susan, 
that  Mr.  Bracewell  had  ransacked  all  the  chests  and 
drawers  at  the  mill,  and  that  Margaret  had  taken 
with  her  several  valuable  articles,  popular  indigna- 
tion knew  no  bounds.  A  new  excitement  was  raised 
when  Will  Crooks,  on  the  following  day,  reappeared 
at  the  house  of  old  Nell.  His  first  question  was  if 
tster  Bracewell  had  returned,  and  this  was  soon 
answered  by  the  entrance  of  the  person  in  question, 
attended  by  his  father. 

"Now,  Will  Crooks,"  said  the  younger  Brace- 
well,  "I  wish  to  ask  you,  for  the  last  time,  if  you 
can  tell  me  anything  of  Nay  lor  V 

Will  Crooks  refused  to  utter  a  word  respecting 
Nay  lor,  and  told  Bracewell  to  look  to  his  "own 
business,"  which  was  "ugly  enough." 

Further  altercation  was  prevented  by  the  entrance 


200  FAMOUS    CASES    OF 

of  the  officers  of  justice,  who  at  once  apprehended 
all  the  parties  present,  on  suspicion  of  having  fc>3en 
concerned  in  the  death  of  John  Smith,  and  the  dis- 
appearance of  William  Naylor. 

In  the  morning  of  the  same  day,  young  Nell  had 
laid  a  statement  before  the  magistrate,  that,  oh  the 
evening  of  the  miller's  disappearance,  young  Brace- 
well  had  been  drinking  with  Will  Crooks  at  the 
Black  Dog,  and  that  both  left  the  house  together, 
about  half-past  eight  o'clock.  She  had  also  repeated 
all  that  Susan  had  told  of  the  conduct  of  her  mis- 
tress on  that  fatal  evening.  On  these  grounds  a 
warrant  had  been  issued  for  the  apprehension  of  the 
two  Bracewells,  Margaret,  and  Will  Crooks.  On 
the  next  day  an  examination  of  the  prisoners  took 
place.  Mr.  Brace  well  the  elder  was  liberated  on 
bail,  on  account  of  the  statement  of  his  housekeeper, 
which  asserted  an  alibi;  but  the  others  were  sent 
to  the  prison,  and  fully  committed  to  take  their  trial 
at  the  York  assizes. 

Shortly  afterwards,  Ned  Crooks,  and  the  old  mis- 
tress of  the  infamous  establishment  at  Fording-place, 
were  apprehended  on  suspicion.  The  prisoners  were 
removed  to  York  Castle,  and  placed  in  separate 
cells. 

The  bills  against    Mr.    Brace  well  the  elder,    old 


CIRCUMSTANTIAL     EVIDENCE.  201 

Nell  Crooks,  Ned  Crooks,  and  young  Nell,  were 
ignored  ;  but  true  bills  were  found  against  Richard 
Brace  well,  jun.,  Margaret  Smith,  and  William 
Crooks,  for  having  been  concerned  in  the  death 
of  John  Smith. 

During  the  interval  between  the  commitment  and 
the  assizes,  Mr.  Bracewell,  senior,  was  actively  en- 
gaged in  collecting  witnesses  for  hisv  son  and 
Margaret  Smith.  Richard  determined  to  conduct 
his  own  defense. 

The  first  indictment  was  read,  charging  all  the 
three  prisoners  at  the  bar  with  having  been  con- 
cerned in  causing  the.  death  of  John  Smith,  miller, 
&c,  by  drowning  or  other  means. 

To  this  all  the  prisoners  pleaded  "not  guilty." 

The  first  witness  called  was  Susan  Holmes,  for- 
merly a  servant  at  the  mill.  The  substance  of  her 
statement  was  as  follows  : 

"I  lived,  for  a  year  and  a  month,  servant  under 
Margaret  Smith  at  the  mill.  I  was  generally  on  good 
terms  with  my  mistress.  I  believe  she  has  a  hot 
temper,  and  does  not  like  to  be  contradicted.  I 
believe  there  was  unpleasantness  sometimes  between 
master  and  mistress  about  Richard  Bracewell.  It 
had  been  getting  worse,  I  think,  a  little  before  master 
disappeared.  I  was  in  the  house  all  the  time  while 
master  and  mistress  went  to  Robert  Wilkinson's. 
Mistress  came  in  about  half-past  nine.     It  was  later 


FAMOUS     CASES     OF 


than  I  expected.  She  looked  rather  warm  as  1 
should  say.  I  don't  think  her  face  is  easily  colored 
by  a  little  walking  or  any  sort  of  work.  She  asked 
me  if  master  had  come  in — did  not  seem  much  sur- 
prised when  I  told  her  'No.'  She  opened  the  door 
for  Richard  Bracewell.  She  had  not  been  in  the 
house  five  minutes  when  he  came  in.  He  looked 
flushed — not  very  much  in  liquor,  I  should  say.  He 
could  walk  steadily.  T  had  seen  a  man  cross  the 
plank  over  the  mill-stream  just  before  mistress  came 
in.  You  can  see  the  plank  from  the  kitchen  window. 
I  am  sure  it  was  not  master.  It  was  a  misty  night, 
but  I  could  see  his  figure,  and  by  his  walking  quickly 
I  judged  it  was  a  young  man.  I  cannot  say  it  was 
Richard  Bracewell." 

Cross-examined. — "I  went  out  soon  after  Richard 
Bracewell  came  in.  I  called  at  Nell  Crooks'  ;  I  had 
been  there  before.  Edward  Crooks  never  paid  me 
particular  attentions.  Young  Nell  was  at  home,  and 
I  talked  with  her  awhile.  When  I  returned  I  did 
not  see  Bracewell.  I  have  been  to  Nell  Crooks' 
several  times  since  then."' 

The  next  witness  called  was  Thomas  Batters,  the 

landlord  of  the  Black  Dog. 

Examined  by  Mr.  Bailey.  — "  The  prisoners, 
Richard  Bracewell  and  William  Crooks,  were  at 
my  house  on  the  evening  of  the  7th  of  November 
last.  They  drank  two  quarts  of  ale  between  them. 
Crooks  had  been  at  the  house  nearly  all  day.  Brace- 
well  came  in  about  half-past  seven  o'clock.  They 
left  the  house  about  half- past  eight,  i'hey  were  not 
drunk.  Crooks  had  been  at  my  house  the  evening 
before  with  William  Naylor   the  young  man  who  is 


CIRCUMSTANTIAL     EVIDENCE. 


missing.  I  cannot  say  how  much  ale  they  drank  that 
night,  the  6th  of  November.  They  went  away  very 
late.  It  was  past  midnight.  Naylor  was  very  drunk. 
He  could  not  have  walked  without  Crooks'  assistance. 
I  have  never  seen  Naylor  since  he  left  my  house  with 
Crooks  that  evening.  He  was  generally  drunk.  He 
spent  a  great  deal  of  money  ;  more  than  his  own  inde- 
pendent property  would  cover,  I  believe.  Bracewell 
has  never  been  at  my  house  since  the  7th  of  Novem- 
ber." 

Jane  Hartley,  Mr.  Bracewell' s  housekeeper,  was 
next  examined. 

"  I  have  lived  at  Mr.  Bracewell' s,  the  attorney's, 
now  for  more  than  three  years.  Richard,  the  pris- 
oner at  the  bar,  I  have  always  considered  a  steady 
young  man.  He  took  his  dinner  at  home  on  the  7th 
of  November.  After  dinner  I  did  not  see  him  again 
until  late  at  night.  He  came  in  flushed  and  seeming 
tired  ;  did  not  take  any  supper,  but  drank  a  tankard 
of  ale.  He  went  out,  soon  after  breakfast,  on  the 
morning  of  the  8th,  and  I  did  not  see  him  again  until 
the  14th  day  of  November." 

Robert  Wilkinson,  a  small  farmer,  testified : 

"  I  rented  a  few  acres  of  land  under  the  deceased, 
John  Smith.  He  was  at  my  house  on  the  evening  of 
the  7th  of  November  last.  I  paid  him  a  small  ac- 
count for  meal  and  bran.  He  was  in  very  good 
spirits  and  took  some  ale.  I  cannot  say  justly  how 
much  ;  but  it  might  be  something  more  than  three 
half- pints.  It  was  not  small  beer.  My  wife  generally 
brews  good  ale.  I  don' t  often  take  more  than  a  pint 
oi  it  at  a  time.     The  deceased,  John   Smith,  often 


204  FAMOUS    CASES    OF 

called  at  my  house.  I  never  knew  him  to  be  out  late 
at  night.  He  was  no  ways  given  to  drink.  His 
niece,  Margaret,  did  not  say  much  while  she  was  in 
my  house  with  him.  They  seemed  good  friends 
when  they  left.  I  saw  nothing  of  John  after  that, 
until  I  saw  his  body  in  the  mill-stream  just  by  the 
copse." 

Robert  Walker,  surgeon,  stated  as  follows  : 

"I  saw  the  body  of  the  deceased,  John  Smith,  on 
the  eleventh  of  November,  but  did  not  open  it.  I 
canuot  say  there  were  marks  from  blows  upon  the 
head  or  face.  The  skin  was  discolored ;  but  it 
might  be  the  effect  of  immersion  in  water.  The  body 
had  evidently  been  in  the  water  a  considerable  time. 
I  should  say  as  long  as  two  or  three  days." 

The  witnesses  for  the  defense  were  called 

Sarah  Stokes,  an  old  nurse,  testified  as  follows  : 

i;I  am  a  nurse,  and  attended  the  late  John  Smith 
during  an  illness,  about  two  years  ago,  and  I  can 
testify  that  the  conduct  of  Margaret  Smith,  the 
prisoner,  was  always  exceedingly  kind  towards  her 
uncle." 

Mary  Barnes,  who  had  lived  as  servant-maid  at 
the  mill,  confirmed  the  statement  of  the  first  wit- 
ness. Next,  a  woman,  who  had  called  at  the  mill 
for  milk  on  the  morning  after  the  miller  was  lost, 
stated  that  the  grief  and  trouble  of  Margaret  were 
evident. 

John  Green  also,  servant-man  to  Robert  Wilkin- 
son, stated  that  the  path  along  by  the   mill-stream 


CICUMSTANTIAL    EVIDENCE.  205 

was  mossy,  so  that  a  footstep  upon  it  would  be  in- 
audible at  a  little  distance. 

Edward  Norris,  a  man  who  worked  in  the  mill, 
stated  that  the  mill-stream  would,  at  certain  times,  be 
strong  enough  to  to  carry  down  a  man's  body  as  far 
as  from  the  plank  to  the  copse. 

These  were  all  the  witnesses  who  came  forward  for 
the  defense. 

Richard  Bracewell  was  then  allowed  to  make  his 
own  defense. 

.  .  .  .  "You  have  heard  an  individual  of 
the  name  of  William  Naylor  mentioned  in  the  evi- 
dence given  by  the  witness  Thomas  Batters,  landlord 
of  the  Black  Dog.  Gentlemen,  I  must  make  some 
statements  respecting  that  young  man's  character, 
to  explain  the  interest  which  I  felt,  and  the  exertions 
I  made  on  his  behalf.  He  had  been  my  school-fellow. 
He  had  good  qualities,  though  they  all  seemed 
drowned  in  one  vice  —  that  of  habitual,  I  might 
almost  say  constant,  intemperance.  His  father  left 
a  sum  of  money  for  him,  under  the  control  of  my 
father,  to  be  paid  quarterly.  Unhappily,  the  young 
man  was  brought  up  to  do  no  business  or  profession. 
He  fell  into  the  lowest  company,  and  often,  I  have 
good  reason  to  believe,  lost  sums  of  money,  by 
unfair  means,  in  such  company.     He  had  been  miss- 


206  FAMOUS    CASES    OF 

ing  from  home  since  the  4th  of  November  last ;  but, 
as  his  habits  were  so  very  reckless  and  irregular,  this 
excited  little  surprise.  His  mother-in-law,  however, 
was  alarmed  when  she  discovered,  on  the  sixth  of 
the  same  month,  that  he  had  taken  a  considerable 
sum  of  money  from  her  till,  and  requested  me  to 
make  my  best  efforts  to  find  him,  and  recover  some 
portion  of  the  money.  I  knew,  as  all  the  neighbors 
knew,  that  he  was  very  often  in  company  with  the 
brothers  William  and  Edward  Crooks.  I  went  to 
the  Black  Dog  on  the  evening  of  the  7th,  and  found 
William  Crooks  there.  I  gave  him  liquor,  to  conceal 
from  him  the  object  of  my  visit.  When  I  inquired 
after  Naylor,  he  seemed  unwilling  to  give  me  any 
information.  We  left  the  Black  Dog  together,  and 
I  followed  him  to  the  house  of  Nell  Crooks,  in  Ford- 
ing-place,  where  he  lodges.  Here  I  was  violently 
abused  by  the  woman  of  the  house,  and  a  young 
woman  generally  known  by  the  name  of  Young 
Nell,  with  whom  Naylor  was  intimate.  I  left  this 
house,  and  called  at  several  public  houses,  inquiring 
for  Naylor ;  at  one  of  these  houses  I  saw  John 
Green,  the  servant-man  of  Robert  Wilkinson, 
farmer,  who  informed  me  that  he  had  seen  William 
Crooks  and  William  Naylor  together,  on  the  even- 
'i\o-   of  the   6th  instant.      He  told  me  that  Naylor 


CIRCUMSTANTIAL     EVIDENCE.  207 

appeared  to  be  very  drunk,  and  that  he  watched 
the  two  men  until  they  approached  a  hovel  in  the 
Bridge-field,  near  to  which  was  a  manure  heap.  He 
would  have  followed  them,  but  knew  the  character 
of  the  men.  I  determined  to  prosecute  my  search 
in  the  morning.  After  leaving  John  Green,  I  walked 
to  the  mill.  I  can  give  no  particular  reason  for  going 
there,  beyond  the  motive  which  led  me  there  as  often 
as  opportunity  allowed.  With  regard  to  the  lateness 
of  the  hour — half-past  nine — I  may  observe,  that  the 
deceased,  John  Smith,  generally  retired  to  bed  at 
nine  o'clock,  and  I  had  frequently  visited  the  house 
after  that  time.  1  had  not  been  in  the  house  five 
minutes  before  Margaret  Smith  told  me,  with  some 
anxiety,  that  her  uncle  was  missing,  and  I  did  not 
stay  ten  minutes  longer  in  the  house,  after  I  heard 
that.  Yet  I  cannot  say  that  I  felt  any  great  anxiety 
on  his  account.  Margaret  Smith  also  told  me  that 
she  thought  her  uncle  was  somewhat  affected  by  the 
ale  he  had  drank,  and  that  he  had  threatened  to 
'  cloot '  me,  if  he  found  me  in  his  house. 

"As  I  left  the  mill,  I  said  I  would  make  some 

inquiry  after  him  ;   but  still  I  thought  he  must  be 

about  the  place,  and,  as  I  did  not  wish  to  meet  him, 

I  neither  looked   for  him  nor  called  after  him.     I 

ailed  at  the    house  of   an  acquaintance,    where  1 


2o8  FAMOUS    CASES    OF 

stayed  a  few  minutes,  and  then  went  home  to  my 
father's  house,  where  I  drank  a  tankard  of  ale,  and 
immediately  went  to  bed.  The  next  morning  I  com- 
municated my  business  to  my  father,  put  some 
money  in  my  pocket,  and  went  out,  soon  after  break- 
fast, to  renew  my  inquiries  after  the  missing  Wil- 
liam ISTaylor.  I  went,  first  to  John  Green  before 
mentioned,  whom  I  found  at  work  in  the  Bridge- 
field.  We  went  to  the  manure-heap,  mentioned 
before,  and,  turning  over  the  straw,  found  marks 
as  if  the  body  of  a  man  had  recently,  lain  there.  I 
confess  1  had  very  dark  suspicions  of  the  treatment 
which  the  missing  man  had  received  from  his  com 
panion,  the  prisoner,  William  Crooks.  I  then  went 
up  into  the  town,  and  had  some  conversation,  at  the 
Fleece  tavern,  with  Mrs.  Naylor,  the  mother-in-law 
of  the  missing  individual.  She  told  me  that  he  had 
talked  of  leaving  her,  and  going  to  visit  some  rela- 
tives near  Burnley.  I  communicated  to  her  my 
worst  fears,  and  she  earnestly  begged  me  to  make 
all  possible  inquiries  after  him.  I  rode  on  the 
coach  to  Burnley,  where  I,  also,  had  friends,  whc 
pressed  me  to  stay  with  them  a  few  days.  I  did 
so  ;  and  employed  much  of  my  time  in  searching 
for  Naylor,  but  to  no  purpose.  His  friends  denied 
all  knowledge  of  his  having  been  in  the  neighbor- 


CIRCUMSTANTIAL    EVIDENCE.  209 

hood.     I  wrote   from  Burnley  to  my  father  on  the 
business."     .     .     . 

The  witnesses  called  to  corroborate  Bracewell's 
statement  were,  a  relative  from  Burnley,  Mrs.  Naylor, 
and  the  landlords  of  the  public  houses  mentioned  in 
his  story.  John  Green,  the  servant-man  of  Robert 
Wilkinson,  also  confirmed  all  the  statements  with 
which  his  name  was  connected ;  and  his  brother, 
James  Green,  asserted  that  he  had  observed,  on  the 
morning  of  the  8th  of  November,  the  mark  of  a 
slipping  foot  at  the  edge  of  the  mill-stream,  a  little 
above  the  copse  on  the  way  to  the  mill. 

No  witnesses  appeared  in  favor  of  the  prisoner 
Crooks. 

The  court  was  then  adjourned,  and  met  again  in 
half-an-hour.  The  judge  then  proceeded  with  his 
summary  of  the  evidence  ;  but  before  he  had  uttered 
many  words,  Sergeant  Jackson  entered  the  court, 
and  stated  that  he  had  fresh  evidence  now  to  lay 
before  the  jury,  in  the  shape  of  a  confession  just 
made  and  signed  by  the  prisoner,  William  Crooks. 
Brace  well  and  Margaret  seemed  amazed  at  this  an 
nouncement,  and  there  was  great  astonishment 
throughout  the  court  while  the  sergeant  read  the 
following  document : 

"I,  William  Crooks,   do  solemuly  declare  that, 


FAMOUS    CASES    OF 


on  the  evening  of  the  7th  of  November  last,  I  met 
the  prisoner,  Richard  Brace  well,  by  appointment, 
at  the  Black  Dog.  He  brought  a  short  bludgeon 
in  his  pocket,  and,  after  he  had  drunk  several  pints 
of  ale,  we  set  out  to  waylay  the  deceased,  John 
Smith,  near  the  copse.  As  the  deceased  was  com- 
ing down  the  field,  Bracewell  whispered  to  me, 
'The  old  villain  has  his  niece  with  him.'  But  the 
niece  stayed  behind  as  her  uncle  approached  the 
copse.  It  was  a  little  after  nine  o'clock.  We  let 
him  go  past  the  copse  a  little  way  and  then  Brace 
well  said  to  me,  'Now  's  your  time,  Crooks!'  I 
then  went  after  the  miller  ;  but  Bracewell  kept  con- 
cealed in  the  copse.  I  struck  the  deceased  twice  on 
the  head  with  the  bludgeon,  then  drew  the  body  to 
the  mill-stream,  and  pushed  it  in.  I  then  went  into 
the  copse.  In  a  few  minutes  Bracewell  and  I  came 
out  of  the  copse,  and  drew  the  body  down  to  the 
shady  place  where  it  was  found.  Bracewell  prom- 
ised me  good  pay  ;  and,  soon  afterwards,  we  sepa- 
rated. This  I  solemnly  declare,  is  the  whole  truth 
of  the  way  in  which  the  miller  met  his  death. 
"Signed,  William  Crooks,  +  Ms  marl: 
"  In  presence  of,  William  Bailey,  Barrister. 
"Samuel  Kxubbs,  Jailer." 

The  judge  then  asked  the  prisoner,  Crooks,  if  he 


CIRCUMSTANTIAL    EVIDENCE.  211 

had  anything  to  add  to  this  statement  ?  He  refused 
to  say  another  word.  Brace  well  was  then  asked  if 
he  would  make  any  reply  to  the  statement  just  read 
over. 

"My  lord,"  said  he,  "I  am  utterly  amazed  at 
the  awful  wickedness  of  the  man  who  has  brought 
forward  this  false  confession.  It  is  throughout  a 
lie ;  but  I  still  beg  for  time — time,  my  lord,  that  the 
truth  may  become  apparent." 

The  judge  then  addressed  the  jury,  and  they  re- 
tired. After  a  long  absence  they  returned  with  the 
verdict — "We  find  the  prisoners,  Richard  Bracewell 
and  William  Crooks,  guilty  of  willful  murder — 
the  prisoner,  Margaret  Smith,  not  guilty." 

The  prisoners  were  next  asked  if  they  had  any- 
thing to  say  why  sentence  should  not  be  pro- 
nounced. Crooks  refused  to  speak.  "For  time, 
my  lord,  is  all  my  prayer,"  was  the  answer  given 
by  Bracewell. 

The  judge  then  put  on  his  black  cap,  and  pro- 
nounced sentence  of  death  upon  the  condemned 
prisoners,  warning  them  to  prepare  for  a  speedy 
execution.     They  were  then  conducted  to  their  cells. 

Crooks  was  sitting  in  his  cell  on  the  eve  of  ex- 
ecution. Young  Nell  had  visited  him  during  the 
day  to  inquire  for  Nay  lor  ;  but  he  had  repulsed  her 


FAMOUS    CASES    OF 


with  violence.  Mr.  Bracewell,  the  elder,  with 
Margaret  Smith,  and  the  chaplain  of  the  prison, 
now  entered  his  cell.  The  chaplain  earnestly  en- 
treated the  prisoner,  if  he  had  anything  more  to 
confess,  that  he  would  not  delay.  Margaret  fell 
upon  her  knees,  and  added  the  most  touching 
prayers  to  the  exhortations  of  the  chaplain.  The 
conscience  of  the  prisoner  seemed  to  be  writhing 
in  torture,  until,  late  in  the  night,  he  bade  them 
get  pen  and  paper,  and  take  down  Ms  last  words 
in  this  world.  The  jailer  and  other  witnesses  were 
called  in,  and  the  prisoner  make  a  second  and  last 
confession,  as  follows  : 

"Every  word  in  my  former  confession  is  false, 
except  that  Richard  Bracewell  met  me  at  the  Black 
Dog  on  the  7th  of  November  last.  He  came  to  in- 
quire after  Naylor.  I  was  drinking  with  Naylor 
all  day,  on  the  6th.  He  had  plenty  of  money,  and 
told  me  he  meant  to  leave  the  country.  He  got 
very  drunk  towards  evening,  and  said  he  would  gc 
to  Nell  Crooks,  and  bid  good-bye  to  Young  Nell. 
I  took  him  into  the  cow-house  in  the  Bridge- field, 
and  there  struck  him  one  heavy  blow  on  the  head 
with  a  short  bludgeon.  He  groaned  and  fell,  as  1 
thought,  dead  on  the  spot.  I  buried  his  body  in  the 
manure-heap.     I  have  never  seen  him,  nor  heard  of 


CIRCUMSTANTIAL     EVIDENCE.  213 

him,  from  that  day  to  this.  I  solemnly  declare  that 
Richard  Bracewell  never  plotted  with  me  against  any 
man's  life :  but  that  all  he  ever  had  to  do  with  me 
was  to  ask  me  about  William  Nay  lor.  I  state  this 
for  truth,  as  I  hope  Grod  will  have  mercy  on  my 
miserable  soul." 

In  consequence  of  this  confession,  Richard  Brace- 
well  was  reprieved.  The  next  morning,  William 
Crooks  was  hanged  in  the  presence  of  an  unfeeling 
crowd,  among  whom  were  many  of  the  people  of 
Fording-place  and  the  neighborhood ;  and  Young 
Nell  conspicuously  exhibited  her  assumed  grief  on 
the  occasion.  The  moment  before  the  fatal  bolt  was 
drawn,  the  miserable  man  turned  in  reply  to  a  ques- 
tion put  to  him  by  the  chaplain,  and  confirmed  sol- 
emnly, with  his  last  breath,  the  statement  he  had 
made  on  the  previous  night. 

Still  Richard  Bracewell  was  kept  in  confinement ; 
but  wonders  had  not  yet  ceased.  A  few  days  only 
after  the  execution  of  Crooks,  a  man  arrived  at 
Fording-place  who  declared  himself  to  be  the  miss- 
ing, the  murdered  man — William  Naylor !  The 
identity  was  proved  by  numerous  witnesses,  Young 
Nell  being  in  the  number.  He  was  examined  before 
the  magistrates,  and  made  the  following  statement : 

"My  name   is  William   Naylor.     You   must  all 


2i4  FAMOUS    CASES    OF 

recognize  me.  My  mother-in-law  is  Mrs.  Naylor 
of  the  Fleece.  I  need  say  nothing  of  my  habits 
and  character  when  I  lived  here  ;  but  I  will  tell  you 
all  I  remember  of  the  circumstances  connected  with 
my  disappearance  from  this  part  of  the  country.  I 
had  been  drinking  for  weeks.  Richard  Brace  well 
had  refused  to  pay  me  money  in  advance.  I  had 
taken  a  considerable  sum  from  the  till  of  the  Fleece. 
I  had  some  notion  of  paying  it  back  when  I  coald. 
I  was  drinking  with  Will  Crooks  on  the  night  I  was 
seeu  there.  He  took  me  to  a  cow-house  in  the 
Brdge-field.  I  forget  how  we  quarreled.  I  think 
we  said  something  about  hell.  I  remember  a  heavy 
blow  on  my  head  that  made  fire  flash  all  around 
me,  and  then  I  remember  nothing  more  until  I  found 
myself  lying  in  a  manure-heap  in  the  morning.  I 
lurked  about  in  the  copse  of  the  miller's  field  all 
the  day,  and  considered  that  this  was  a  good  oppor- 
tunity for  leaving  the  country.  I  determined  to 
set  out  at  night-fall.  I  was  in  the  copse  at  night, 
I  should  say  about  nine  o'clock.  I  was  hardly  in 
my  right  senses  from  the  drink  and  the  blow  ;  but  I 
remember  well,  I  was  frightened  by  hearing  a  gur- 
gling noise  in  the  stream,  and  I  fancied  I  saw  some 
great  black  body  floating  in  the  water  ;  but  I  did 
not  stay  to  examine  it.     I  left  the  copse  and  went 


CICUMSTANTIAL     EVIDENCE.  215 

over  the  plank  by  the  mill.  I  saw  nobody.  I  then 
crosed  the  ford,  and  walked  nearly  to  Burnley  that 
night,  Jbut  did  not  call  on  my  friends  there.  I  have 
plenty  of  witnesses  to  prove  where  I  have  been  ever 
since  that  time." 

The  result  of  the  examination  proved  the  truth 
of  this  statement,  and  Richard  Brace  well  was  lib- 
erated, a  few  days  afterwards. 


216  FAMOUS    CASES    OF 


A  A  A.. 

The     Boorn     Case. 

In  1812  there  lived  in  Manchester  a  man  named 
Barney  Boorn,  who  had  two  sons  Stephen  and 
Jesse,  and  a  son-in-law  named  Russel  Colvin,  all 
living  with  him.  Colvin  was  an  eccentric  man, 
supposed  to  be  insane  at  times,  and  frequently- 
absented  himself  for  days  without  notice  and  with- 
out giving  any  account  £>f  his  adventures.  At  last 
he  was  missing  so  long  that  people  began  to  make 
inquiries,  and  suspicions  of  foul  play  were  aroused. 
Months  and  years  passed,  and  yet  there  was  no  ex- 
planation of  CoMn's  absence.  Some  of  the  neigh- 
bors remembered  that  the  Boorn  brothers,  very 
shortly  after  his  disappearance,  had  declared  that 
Colvin  was  dead,  and  that  they  had  "put  him  where 
potatoes  would  not  freeze."  They  had  not  been  on 
good  terms  with  him,  and  this  added  to  the  pre 
judice  against  them. 


Note. — For  a  full  report  of  this  case  see  a  pamphlet  recently  pub- 
lished by  Hon.  itedw&i}  Sargeant,  one  of  the  counsel.  Journal  Office, 
Manchester,  Vt. 


CIRC  UMS  TANTIAL     E  VIDENCE.  2 1 7 

Singularly  enough,  other  circumstances  began  to 
accumulate  against  the  brothers.  Some  children 
found  a  dilapidated  hat,  which  was  recognized  as 
the  one  Colvin  wore  at  the  time  of  his  disappear- 
ance. Search  wag  then  made  for  the  bones  of  the 
supposed  murdered  man.  Soon  afterwards  a  dog 
uncovered  some  bones  beneath  an  old  stump,  which 
at  first  were  pronounced  to  be  human  bones,  but 
subsequently  were  found  not  to  be.  An  uncle  of 
the  boys  had  a  dream  in  which  Colvin  came  to  his 
bedside  and  told  him  he  had  been  murdered.  A 
barn  in  the  neigborhood  was  mysteriously  burned, 
and  it  was  at  once  conjectured  that  the  murdered 
man  had  been  buried  under  it,  and  that  the  fire 
was  intended  to  destroy  all  traces  of  the  crime.  All 
these  circumstances  added  to  the  excitement  against 
the  Booms.  Stephen  was  then  out  of  the  State, 
but  Jesse  was  arrested.  He  confessed  that  his 
brother  Stephen  had  told  him  a  short  time  pre- 
viously that  he  and  Colvin  had  quarreled,  and  that 
he  had  killed  Colvin  by  a  blow  on  the  head.  The 
people  of  the  neighborhood  and  for  miles  around 
spent  the  next  few  days  in  another  search  for  Col- 
vin's  bones,  but  none  were  found. 

Stephen  Boorn  was  brought  home.  He  denied 
the  statement  of  Jesse  and  asserted  his  innocence. 


?i8  FAMOUS    CASES    OF 

,The  brothers  were  imprisoned  to  await  the  meet- 
ing of  the  Grand  Jury.  The  principal  witness 
before  that  body  was  a  forger,  who  had  been  con- 
fined in  jail  with  the  Booms.  He  reported  in  detail 
a  confession  of  the  murder  b}^  Jesse  Boorn,  and  both 
the  bo}Ts   were  indicted.      This   was  in   September, 

1819,  more  than  seven  years  after  the  disappearance 
of  Colvin.  Li  November  the  trial  took  place. 
Meanwhile  Stephen  was  induced  by  the  remarks 
upon  the  hopelessness  of  their  case  to  confess  the 
crime,  in  the  expectation  of  mercy  from  the  court. 
This  confession  was  the  chief  evidence  against  them. 
Notwithstanding  that  it  was  drawn  out  by  hope  01 
obtaining  a  more  favorable  verdict,  and  that  no  body 
had  been  found  as  proof  of  the  murder,  or  even  that 
Colvin  was  dead,  the  brothers  were  convicted  and 
sentenced   to  be   hanged   on   the  28th  of    January, 

1820.  The  character  of  the  evidence  upon  which 
they  were  convicted  will  attract  the  attention  of 
lawyers  at  this  time  as  showing  what  remarkable 
changes  have  taken  place  in  criminal  jurisprudence. 
So  decisive  did  the  testimony  against  them  appear 
to  be  that  the  mother  of  the  convicts  was  expelled 
from  the  Baptist  church,  and  the  father  was  held 
as  a  prisoner  for  a  time,  upon  the  suspicion  that  they 
mnst  have  been  accessory  to  the  murder. 


CIRC  UMS  TANTIA  L    E  VIDENCE.  2 1 9 

A  few  of  the  citizens  who  were  disposed  to  be 
merciful,  signed  a  petition  for  the  commutation  of 
the  sentence  against  the  Booms.  The  legislature 
voted  to  change  the  sentence  of  Jesse  to  imprison- 
ment for  life,  but  refused  to  interfere  with  that  ot 
Stephen.  It  occurred  to  Stephen  in  an  interview 
with  his  counsel  that  it  would  be  a  good  plan  to 
advertise  for  Colvin  in  the  newspapers.  Up  to  that 
point  his  connsel  had  believed  him  guilty,  but  he 
assured  them  that  his  confession  was  untrue  and 
that  he  was  innocent.  The  following  notice  was 
therefore  printed  in  the  Rutland  Herald  : 

"Muedee. — Printers  of  newspapers  throughout 
the  United  States  are  desired  to  publish  that  Stephen 
Boorn,  of  Manchester,  in  Vermont,  is  sentenced  to 
be  executed  for  the  murder  of  Russel  Colvin,  who 
has  been  absent  about  seven  years.  Any  person  who 
can  give  information  of  said  Colvin  may  save  the  life 
of  the  innocent  by  making  immediate  communica- 
tion. Colvin  is  about  live  feet  five  inches  high,  light 
complection,  light  colored  hair,  blue  eyes,  about 
forty  years  of  age. 

"Manchester,  Vt.,  Nov.  26,  1819." 

Newspapers  traveled  slowly  then,  and  Stephen's 
friends  had  but  little  hope  that  this  would  save  him 
even  if  his  story  was  true.  Three  days  afterwards, 
says  Mr.  Sargeant's  pamphlet,  the  New  York  Even- 
ing Post  copied  it,  and  "the  next  day  it  happened 


220  FAMOUS    CASES    OF 


that  the  notice  was  read  aloud  in  one  of  the  hotels 
in'  New  York.     Another  man  standing  near,  named 
Whelpley,  said  he  had  formerly  lived  in  Manchester, 
and  was   well  acquainted  with   Colvin,  and   related 
mai/j   anecdotes   and   peculiarities   concerning  him. 
Mr    Tabor  Chad  wick,    of  Shrewsbury,    N.    J.,    was 
also  standing  near,  and  listened  to  the  conversation, 
wMch  made  a  deep  impression  upon  his  mind.     On 
thinking  the   matter  over  after  his  return   home  it 
occurred  to   him   that  a  man   then  living   with   his 
brother-in-law,    Mr.    William   Polhemus,    of   Dover, 
New   Jersey,    answered    exactly  the    description   of 
Colvin  as  given  by  Whelpley."     Finally,  he  wrote 
a  letter  to  The  Evening  Post,  giving  his  conclusions. 
Whelpley  saw  it,  went  to  Dover,  identified  Colvin, 
and,   after  great  effort,  induced  him   to  visit   Man- 
chester.    There  was  great  rejoicing  in  the  town,  and 
Stephen  Boorn  was  brought  from  the  prison  to  fire 
the  cannon  that  celebrated  his  deliverance. 


CIRCUMSTANTIAL     EVIDENCE.  221 


XXXI. 

Henry    Ranthorpe. 

Heney  Ranthoepe,  a  literary  man,  had  made 
some  slight  success  as  provincial  journalist  and  a 
political  pampleteer.  He  had  a  tragedy  in  his  truuk, 
a  plot  of  a  comedy  in  his  head,  and  one  five-pound 
note  in  his  pocket ;  and  he  must  needs  come  up,  to 
win  golden  opinions  and  earn  golden  sovereigns  in 
the  great  world  of  London.  He  had,  moreover, 
made  what  is  called  an  improvident  marriage  ;  that 
is,  he  had  married  a  pretty  girl  without  a  farthing, 
who  nevertheless  was  a  very  good  wife.  They  took 
cheap  lodgings  in  "the  wilds  of  Pimlico."  The 
tragedy  had  not  been  accepted  ;  at  least  the  manager 
had  not  vouchsafed  a  reply.  Nevertheless,  he 
worked  at  the  comedy  laboriously  and  hopefully. 
As  he  had,  however,  not  been  for  years  in  a  London 
theater,  he  thought,  wisely  enough,  that  it  would 
considerably  assist  him  if  he  saw  a  play  acted  at 
the  house  where  he  intended  Ms  five  acts  to  be 
brought  out.  He  had  no  special  interest  with  actors 
or  critics  by  which  to  secure  an  "order;"  and  his 


FAMOUS     CASES    OF 


wife  agreed  with  him  that  the  expenditure  of  halt 
a  crown,  low  as  their  finances  were,  would  never- 
theless be  a  wise  outlay.  Meanwhile  a  pair  of  boots, 
the  only  shoe-leather  which  he  had  brought  with 
him  from  the  country,  had  become  so  heelless, 
dilapidated,  and  shabby,  that  he  made  an  investment 
in  a  pair  of  cheap  shoes,  and  discarded  the  ruined 
bluchers.  How  to  dispose  of  them  was  now  his 
difficulty.  He  was  ashamed  to  give  them  away  at 
his  lodgings  ;  and  they  were  not,  after  a  grave  con- 
sultation on  the  subject  between  his  wife  and  himself, 
deemed  worth  of  repair.  He  proposed  taking  them 
out  into  the  street  at  night,  and  willfully  making 
away  with  them,  when  he  descried  a  dusty-looking 
cupboard  high  up  in  the  wall  of  the  bed-room,  into 
which  he  threw  his  once  serviceable  boots.  The 
cupboard-door  would  not  close  ;  but  the  cupboard 
being  high  up  and  in  a  corner,  the  bluchers  did  not 
show. 

He  started  on  his  trip  to  the  theater,  leaving  his 
fond  and  self-denying  little  wife  to  her  tea,  her 
needlework,  and  anticipations  of  his  report  of  the 
evening's  entertainment.  He  entered  the  pit  en- 
trance of  the Theater  just  after  the  first  rush 

of   half-past-six    punctual    folk    had    gone  in ;    de- 
posited   his    solitary    half-crown,    the    only    money 


CIRCUMSTANTIAL     EVIDENCE.  223 

which,  with  the  exception  of  a  few  pence,  he  had 
about  him  ;  and  received  his  check-ticket,  and  was 
about  to  pass  on,  full  of  disappointment  at  not  hav- 
ing been  earlier,  and  of  excitement  at  the  prospect 
of  a  little  novel  amusement.  To  his  intense  astonish- 
ment, he  had  scarcely  proceeded  a  yard  when  the 
money-taker  called  out  to  him  and  a  policeman 
who  was  standing  by  simultaneously.  The  man 
in  the  little  box  had  twisted  the  half-crown,  which 
was  a  bad  one  ;  was  gesticulating  wildly,  and  de- 
claiming incoherently  ;  and  Henry  Ranthorpe,  in  a 
few  moments,  was  in  the  custody  of  the  officer. 
It  was  in  vain  that  he  protested  his  innocence,  pro- 
duced his  card,  gave  his  address,  mentioned  the 
names  of  two  or  three  friends  he  knew  in  London. 
The1  money- taker  winked  knowingly  to  the  officer, 
who  smiled  tranquilly  ;  and  to  the  station-house 
they  went.  The  inspector  took  the  charge,  heard  the 
evidence,  and  he  was  placed  in  a  wretched  dark 
cell,  where  a  riotous  drunkard  was  singing  and  cry- 
ing in  turns.  Afraid  to  alarm  his  wife  by  sending 
to  her  to  state  the  the  misfortune  that  had  befallen 
him,  he  secured,  by  the  good  offices  of  the  inspector, 
who  was  struck  with  his  respectable  appearance 
and  his  manner,  a  messenger,  whom  he  sent  with 
a  note  to  his  landlord,  and  to  a  friend  in  Piccadilly, 


224  FAMOUS    CASES    OF 

who  was  a  respectable  householder.  They  arrived, 
and  gave  so  satisfactory  an  account  of  him,  that  the 
inspector,  overstepping  his  duty,  permitted  him  to 
go ;  and  he  reached  home  rather  earlier  than  his 
wife  expected  him,  with  very  little  to  say  about  the 
comedy  which  he  was  to  have  enjoyed,  but  with 
a  full  and  impassioned  narrative  of  the  calamity 
that  had  befallen  him.  They  sat  together  over 
their  crust  of  bread-and-cheese  and  glass  of  beer, 
vowing  vengeance  against  the  manager  of  the 
theater  and  his  employees,  and  discussing  the  ex- 
pediency of  bringing  an  action  for  false  imprison- 
ment. 

They  little  knew  how  really  narrow  the  escape 
had  been.  A  few  days  afterwards,  Ranthorpe  ob 
served  the  ugly  old  boots  protruding  a  little  at  the 
cupboard-door.  To  get  rid  of  this  eye-sore,  he  took 
a  chair,  placed  his  trunk  upon  it,  and  opened  the 
cupboard,  in  order  to  effectually  secrete  the  boots. 
You  may  endeavor  to  imagine  his  astonishment 
when,  in  moving  them,  he  descried  two  large  bags. 
They  were  very  heavy  ;  and  what  do  you  suppose 
they  contained  \  One  hundred  bad  half-crowns 
each.  There  could  be  no  doubt  about  their  quality. 
He  showed  them  to  his  wife,  whose  astonishment  was 
as  great  as  his  own.     They  began  to  entertain  strange 


CIRCUMSTANTIAL     EVIDENCE.  225 

suspicions  about  the  landlord  ;  and  next  began  to 
reflect  that,  after  what  had  happened  at  the  theater, 
he  would  probably  suspect  iliem.  They,  however, 
rang  the  bell,  summoned  the  worthy  householder, 
and  showed  him  the  useless  and  dangerous  booty. 
They  were  relieved,  however,  by  seeing  his  broad 
countenance,  at  first  filled  with  amazement  and  dis- 
traction, suddenly  illuminated  with  a  glance  of  pro- 
found penetration,  and  a  smile  of  self-satisfied 
sagacity.  "I  quite  understand  it  now,  ma'am,'" 
said  their  host,  addressing  Mrs.  Ranthorpe.  "Some 
months  ago,  two  young  men  came  one  day  and  took 
these  rooms.  They  gave  me  no  reference,  but 
offered  to  pay  in  advance,  which,  as  I  always  like 
to  .be  on  the  safe  side,  I  allowed  them  to  do.  Their 
hours  were  very  strange  ;  but  they  came  in  and 
went  out  very  quiet,  and  gave  but  very  little  trouble. 
Indeed,  my  missus  said  they  were  the  best  lodgers 
we  had  had  for  this  many  a  day.  The  money  was 
regular,  and,  what  seems  odd  now,  none  of  it  bad. 
One  day  they  went  out  together,  after  they  had 
been  in  this  house  eight  weeks ;  and  from  that  day 
to  this,  1  have  never  seen  or  heard  of  them.  They 
certainly  were  very  mysterious,  and  never  told  what 
their  occupation   was.     A  few  clothes  they  left  are 

up-stairs  in  a  chest  of  drawers  now,  and  a  carpet- 
15. 


226  FAMOUS     CASES    OF 

bag  and  a  portmanteau.  I  did  have  my  suspicions, 
which  I  mentioned  to  the  old  woman,  when  I  saw 
that  two  young  men  somewhat  answering  to  their 
description  had  been  tried  at  the  Old  Bailey,  and 
sentenced  to  transportation." 

Here  ends  this  curious  case.  But  suppose  upon 
his  arrest  at  the  theater  officers  had  been  sent  to 
search  his  lodgings,  and  the  two  bags,  as  they  would 
have  certainly  been,  found.  His  wife  could  not  have 
been  a  witness,  the  possession  of  a  bad  half-crown, 
and  the  finding  of  two  bags  of  bad  half-crowns  in 
his  bed-room,  his  poverty,  his  almost  friendlessness 
in  London, — must  not  these  facts  have  inevitably 
caused  his  conviction.  Of  what  avail,  against  all 
this,  witnesses  to  character  ?  Of  what  avail  the 
ingenuity  and  eloquence  of  counsel  ?  The  landlord 
of  the  house,  so  wise  after  the  event,  would  probably 
have  directed  his  suspicions  immediately  to  his  new 
lodgers,  and  the  fact  of  Ranthorpe  sitting  up  alone 
at  late  hours  of  the  night,  to  write,  and  other  facts 
having  in  them  some  scintilla  of  suspicion,  would 
have  been  marshaled  against  him  in  compact  array 
by  the  barrister  prosecuting  for  the  Mint.  And  this 
would  have  been  a  case  of  purely  circumstantial  evi- 
dence. 


CICUMSTANTIAL    EVIDENCE.  227 


XXXII. 

Case  of    Andrew    Mirelees. 

On  the  14th  January,  1749,  Andrew  Mirelees,  a 
master  tanner  of  Leith,  set  out  from  his  house 
about  seven  o'clock  in  the  morning,  to  go  and  re- 
ceive some  money  of  a  customer  who  lived  at  Had- 
dington, a  town  about  fifteen  miles  from  Edinburgh. 
He  was  expected  by  his  family  to  return  the  same 
day.  Being  a  man  of  regular  habit3,  his  wife 
became  half  distracted  when  midnight  arrived,  and 
her  husband  was  still  absent.  About  one  in  the 
morning,  her  fears  were  in  some  measure  relieved 
by  the  sound  of  a  horse's  feet  entering  the  stable 
yard.  Mrs.  Mirelees  had  a  servant  who  sat  up  with 
her.  Eagerly  rising  from  their  seats,  and  taking"  a 
light  in  their  hands,  they  hurried  out,  nothing 
doubting  but  that  the  absent  husband  and  master 
had  arrived.  Great  indeed  was  their  surprise,  and 
inexpressible  the  alarm  and  terror  which  filled  the 
bosom  of  the  anxious  wife,  when  she  beheld  the 
horse  without  its  master,  and  the  poor  animal 
stabbed    in    many    parts, — scarcely    able    to    stand, 


228  FAMOUS    CASES    OF 

and  apparently  bleeding  to  death, — an  event  which 
soon  afterwards  took  place.  The  wife  and  servant 
instantly  concluded  that  Andrew  Mirelees  had  been 
robbed  and  murdered,  an  idea  that  derived  addi- 
tional force  from  the  ill  repute  of  a  wild  and  deso- 
late common,  across  which  the  latter  part  of  his 
homeward  journey  lay,  and  which  had,  in  "olden 
times,"  been  noted  as  the  haunt  of  robbers  and 
murderers. 

Filled  with  the  belief  that  her  husband  had 
certainly  been  robbed  and  murdered,  the  afflicted 
wife  went  early  the  next  morning  into  Edinburgh ; 
and  upon  stating  the  case  to  the  chief  magistrate, 
he  immediately  issued  a  proclamation,  with  a  reward 
for  detecting  and  apprehending  the  unknown  delin- 
quents. The  rumor  of  the  supposed  murder  was 
calculated  to  awaken  strong  feelings  of  sympathy 
for  the  widow,  and  abhorrence  of  the  malefactors, 
and  a  multitude  went  out  to  search  the  common, 
expecting  to  find  the  body  of  the  deceased.  After 
some  time  thus  employed,  the  mastiff  that  had 
followed  Mirelees  was  found  laying  dead  on  a  bed 
of  furze,  where  the  poor  animal  had  crept,  and  bled 
to  death  from  a  number  of  deep  gashes  made  in  its 
body,  in  the  same  manner,  and  apparently  with  the 
same    instrument    by    which    the    horse    had    been 


CIRCUMSTANTIAL    EVIDENCE.  229 

wounded.     The  spectacle  of  the  dog  laying  welter- 
ing in  its  gore,   naturally  led  to  the  belief  that  its 
death  had  been  the  result  of  an  attempt  to  defend 
its  master  -against  the   assassins.      The  search  after 
the  corpse  was  then  carried  on  with  renovated  zeal, 
but    without    success ;   they   could    trace  the  blood 
from  the   spot  where  the   stream  appeared  to  have 
commenced,    but   the  greensward    showed   no   signs 
or  marks  of  any  struggle,  such  as  might  have  been 
expected    from    the    horrid    transaction    which    was 
supposed  to   have   so   recently   occurred.      At  such 
a  moment,    the    discovery   of   two    chairmen,    quite 
drunk,    carrying  a   sedan,    in   which    was  a  horse- 
man's  surtout  coat,   that    was    instantly  recognized 
as  being  that  in  which  Mr.   Mirelees  had  gone  out, 
and  much  stained  with  blood, — and  also  his  hat,  wig, 
spurs,    and    whip,    excited  a  burst    of    horror    and 
indignation.     It   was   no   easy  task,   on  the  part  of 
the    more    sober-minded,    to    prevent    the   vehement 
and  ferocious  from  putting  them  both  to   death  on 
the  spot,  instead  of  taking  them  into  custody,  and 
leaving  their  punishment  to   the  regular  course  of 
law.     What  rendered  the  guilt  of  the  two  chairmen 
so  apparent  as  almost  to  exclude  the  possibility  of 
their  being  innocent  was,  that  in  the  pocket  of  one 
/hem   a  large  clasp-knife,   stained   with  blood,   waa 


23o  FAMOUS    CASES    OF 

found,  and  the  breadth  of  the  blade  tallied  exactly 
with  the  stabs  found  in  the  body  of  the  dead  mastff. 

It  was  a  very  fortunate  circumstance  for  the 
chairman,  that  during  the  search  of  their  persons, 
and  of  their  sedan-chair,  Lord  Elches,  one  of  the 
lords  of  the  sessions,  or  chief  judges,  passed  over 
the  common,  being  then  on  his  way  to  Edinburgh 
from  his  seat  at  Carberry.  Seeing  so  many  persons 
collected  in  s#  lonely  a  place,  he  stopped  to  make 
inquiry ;  and  when  he  had  heard  the  alarming  re- 
cital, seen  the  slaughtered  mastiff,  and  the  blood- 
stained garments  and  bloody  knife  found  upon  the 
chairmen,  his  lordship  instantly  ordered  the  latter 
to  be  committed  to  prison,  and  strictly  forbade 
every  person  using  the  least  violence  towards  their 
person,  on  pain  of  the  severest  punishment  that  the 
law  permitted.  This  admonition,  and  the  certainty 
that  the  supposed  murderers  would  be  brought  to 
justice,  stilled  the  headstrong  passions  of  the  mul- 
titude, and  in  all  probability  saved  two  innocent 
men  from  being  murdered  on  the  spot. 

The  chairmen  were  so  stupefied,  as  well  as  intoxi- 
cated, that  neither  the  tremendous  charge  brought 
against  them,  nor  the  imminent  peril  of  being  torn 
to  pieces  by  an  enraged  mob,  had  power  to  sober 
them.     When  tney  came  to  their  senses,   they  ap- 


CIRC  UMSTA  NTIAL     E  VIDENCE.  2  3 1 

peared  astonished  beyond  measure  at  the  heinous  - 
ness  of  the  charge,  and  scarcely  less  grieved  and 
terrified  when  they  reflected  upon  the  very  sus- 
picious appearances  which  attended  their  present 
situation  as  prisoners,  apprehended  on  a  charge  of 
having  robbed  and  murdered  Mr.  Mirelees,  whose 
blood-stained  garments  had  been  found  in  their  pos- 
session. When  the  magistrates  asked  the  prisoners 
what  defense,  if  any,  they  had  to  offer,  they  stated 
that  they  had  been  employed  to  convey  in  their 
sedan-chair  a  sick  person  to  Musselburgh,  where, 
having  received  more  than  their  fare,  they  spent  it 
along  with  some  strangers  whom  they  chanced  to 
meet  with  at  a  public  house,  in  whose  society  they 
had  remained  boozing  till  the  next  morning ;  and 
that,  as  the}'  were  proceeding  homewards  over  the 
common,  they  there  found  the  clothes  and  the  bloody 
knife, — circumstances  which  had  raised  such  cruel 
and  unfounded  suspicions.  —  This  explanation, 
though  correct,  was  by  no  means  satisfactory, 
and  the  two  prisoners  were  remanded,  and  an  in- 
vestigation as  to  the  validity  of  their  defense  was 
set  on  foot  by  the  magistracy.  The  truth  of  the 
first  part  of  the  story  they  told  was  confirmed ; 
namely,  their  having  carried  a  sick  person  from 
Edinburgh   to   Musselburgh,    and   also   their  having 


232  FAMOUS    CASES    OF 

received  something  more  than  their  fare  ;  but  as  to 
the  strangers  with  whom  they  alleged  they  had 
spent  their  money,  and  remained  in  company  all 
night,  although  there  were  but  few  public  houses 
on  the  way  ;  yet,  whether  from  fear,  or  with  sin- 
cerity, each  of  the  landlords  positively  denied  hav- 
ing seen  or  entertained  them.  The  unhappy  men 
were  therefore  fully  committed  to  take  their  trial  for 
murder.  One  of  them,  the  father  of  three  children, 
died  a  few  days  afterwards  in  prison;  whether 
from  prior  disease,  from  ill  treatment  by  the  mob 
who  met  them  upon  the  common,  or  of  a  broken 
heart  at  so  horrid  a  charge,  and  no  visible  means  of 
repelling  it,  is  not  stated.  In  consequence  of  this 
calamity,  the  widow  and  children  were  sent  to  the 
poor-house,  overwhelmed  by  want,  no  less  than  by 
unmerited  ignominy. 

A  diligent  search  was  perseveringly  made  to  find 
the  body  of  the  supposed  murdered  man,  whose 
sorrow-stricken  wife  offered  an  additional  reward 
of  live  guineas  to  any  person  who  could  discover 
where  it  was  concealed  ;  but  all  to  no  purpose.  It 
appeared  upon  inquiry  that  Mr.  Mirelees  had  dined 
at  Haddington,  where  he  received  twenty-five 
pounds  ;  and  that,  as  he  said,  he  set  off  for  home 
about   three  o'clock  in   the  afternoon.     About  half 


CIRCUMSTANTIAL    EVIDENCE.  233 

past  five  lie  called  at  an  alehouse  at  Musselburgh,  sit- 
uated on  the  merge  of  the  heath  where  the  dead 
mastiff  was  found,  and  where  the  two  chairmen 
declared  they  had  picked  up  the  garments  and 
knife,  and  drank  some  brandy  and  water ;  but  no 
one  could  trace  him  any  further,  although  this 
place  was  not  more  than  five  miles  distant  from  his 
own  house.  The  surviving  chairman  remained  in 
prison,  prejudged  by  the  popular  voice  as  being- 
guilty  of  the  murder,  and  also  of  having  in  some 
unaccountable  way  concealed  or  destroyed  the  body 
of  the  man  whom  he  stood  accused  of  having  robbed 
and  murdered.  In  this  state  of  doubt  the  affair  re- 
mained about  five  weeks,  when  the  fullest  possible 
evidence  was  obtained  of  the  innocence  of  the  two 
chairmen,  by  the  sudden  and  unexpected  re-appear- 
ance in  Edinburgh  of  Mr.  Mirelees  himself, — in 
perfectly  good  health, — not  a  drop  of  whose  blood 
had  been  shed  ;  nor  had  he,  as  was  supposed,  been 
stopped  or  robbed  on  his  way  home.  For  as  Mr. 
Burton,  an  Edinburgh  tradesman,  who  had  been 
purchasing  goods  at  Sheffield,  was  returning  to 
Scotland,  calling  to  dine  at  an  inn  at  Leeds  in 
Yorkshire,  as  he  passed  through  the  kitchen,  to  his 
utter  amazement  he  there  saw  Mr.  Mirelees  sitting 
very   composedly   smoking   his    pipe.     It  may  well 


234  FAMOUS    CASES    OF 

be  supposed  that  Mr.  Burton's  astonishment  was 
so  great,  he  knew  not  whether  to  believe  his  own 
eyes,  or  conclude  it  was  the  ghost  of  Mr.  Mirelees 
whom  he  thus  unexpectedly  beheld  living,  and 
whom  he  so  firmly  believed  to  have  been  murdered  ; 
but  he  was  soon  relieved  from  doubt  and  terror  by 
the  well-known  voice  of  his  old  friend  Mirelees, 
saying  as  he  arose,  "Eh!  Mr.  Burton,  how  do 
you  do?"  The  latter,  in  almost  breathless  astonish- 
ment, took  him  by  the  hand,  and  instantly  com 
municated  all  the  consequences  that  had  arisen  from 
the  hour  of  his  disappearance, — the  arrest  of  the 
two  chairmen  upon  suspicion  of  having  murdered 
him  ;  the  death  of  one,  and  the  imminent  peril  of 
the  other  of  being  condemned  as  his  murderer  when 
brought  to  trial.  At  these  communications  Mirelees 
appeared  alike  shocked  and  surprised  ;  and  upon 
Mr.  Burton  proposing  they  should  travel  post  to 
Edinburgh,  in  order  to  save  the  surviving  chairman 
from  further  suffering  and  peril,  as  well  as  to  relieve 
the  sorrow  of  Mrs.  Mirelees,  he  readily  consented. 
Upon  the  arrival  of  Mirelees  alive  and  well  in  Edin- 
burgh, it  was  a  matter  of  some  difficulty  to  per- 
suade his  wife  to  approach  him,  so  strongly  was 
she  impressed  with  the  belief  it  must  be  his  ghost. 
The  tidings  of  the  safe  return  of  the  man  whom  so 


CIRCUMSTANTIAL     EVIDENCE.  235 

many  had  mourned  as  dead,  and  the  wild  and  inco- 
herent account  he  gave  of  the  cause  of  his  dis- 
apjDearance,  instantly  changed  the  current  of  public 
sympathy,  and  the  poor  weavers  became  objects  of 
general  commiseration.  Finding  himself  an  object 
of  suspicion  and  aversion,  Mirelees  had  the  hardi- 
hood to  make  an  affidavit  the  day  after  his  arrival, 
of  the  following  tenor — viz:  "That  soon  after  he 
left  Musselburgh,  he  was  met  on  the  road  by  two 
gentlemen  in  a  post-chase,  who  ordered  him  to  stop, 
and  he  making  some  resistance,  they  stabbed  his 
horse  and  his  dog,  and  by  force  dragged  him  into 
the  carriage  ;  that  they  halted  at  several  towns 
upon  the  way  to  change  horses,  but  would  not 
sutler  him  to  come  out  the  chaise,  nor  did  he  ever 
know  where  he  was  till  they  told  him  he  was  at  the 
Black  Swan  at  York.  That  they  kept  him  confined 
at  that  inn  three  days,  and  afterwards  carried  him 
thence  at  midnight,  and  set  him  down  in  the  midst 
of  a  forest,  and  he  never  saw  them  afterwards  ; — 
that  they  did  not  demand  his  money,  but  treated 
him  with  part  of  whatever  they  had  for  themselves." 
This  affidavit  being  published,  so  far  was  it  from 
answering  his  expectations,  Mirelees  found  the 
odium  he  labored  under  increased  by  the  incredi- 
bility  of    his   allegations;   the  poor  chairman   war, 


236  FAMOUS     CASES     OF 

however,  immediately  liberated,  and  his  character 
fully  restored.  If  the  Chief  Justice  had  not  been 
absent  from  Edinburgh,  he  would,  no  doubt,  have 
caused  Mirelees  to  be  taken  up  immediately  on  his 
return  ;  as  it  was,  as  soon  as  a  copy  of  this  extra- 
ordinary affidavit  reached  him,  his  lordship  issued 
his  warrant  for  the  apprehending  of  Mirelees  as  an 
impostor.  The  villain  having,  however,  a  keen 
sense  of  the  danger  he  was  in  from  the  contempt 
and  abhorrence  which  his  person  and  his  story 
every  where  experienced,  absconded  once  more, 
and  was  seen  at  Camp^ere,  a  seaport  in  Dutch 
Zeeland,  in  April,  1756.  Knowing  himself  to  be 
out  of  the  reach  of  British  jurisdiction,  he  refused 
to  make  any  other  confession.  It  is,  however,  of 
little  moment  what  his  motives  were  for  acting  in  so 
strange  and  so  cruel  a  manner ;  the  great  interest 
connected  with  the  case  being  the  danger  in  which 
two  innocent  persons  stood  of  being  condemned  and 
executed  as  robbers  and  murderers  from  the  force 
of  circumstantial  evidence. 


CIRCUMSTANTIAL     EVIDENCE.  237 


XXXIII. 

Case    of   Taantje. 

Ik  the  anxiety  of  legislators  to  strike  terror  into 
the  hearts  of  servants,  by  inflicting  the  most  ap- 
palling punishments  upon  domestics  who  are  ac- 
cused of  robbery  or  murder,  much  of  the  injustice 
of  convicting  and  punishing  upon  circumstantial 
evidence,  both  at  home  and  abroad,  has  arisen.  It 
is  scarcely  possible  for  an  accused  menial  to  have 
a  fair  trial,  so  powerful  is  tbe  prejudice  which  exists 
against  him  ;  and  as  each  of  the  jurymen  is  com- 
monly the  master  of  more  than  one  servant,  and 
naturally  anxious  to  intimidate  them  by  the  severity 
of  punishment  awarded  to  others,  the  court  and 
jury  might,  without  injustice,  be  described  as 
generally  feeling  a  stronger  solicitude  to  prevent 
the  acquittal  of  a  guilty  prisoner,  than  the  errone- 
ous condemnation  of  one  that  is  innocent.  When 
a  foreigner  is  tried  in  Great  Britain  for  muider,  he 
is  permitted  to  have  a  jury  comprising  half  its  com- 
plement of  foreigners  ;  and  when  a  domestic  servant 
is  to  be  tried  for  murder  or  felony  committed  in  the 


238  FAMOUS    CASES     OF 

house  or  upon  the  person  of  a  master  or  mistress, 
it  would  be  but  an  act  of  moral  justice  to  summon 
upon  the  jury  a  moiety  of  housekeepers  who  have 
irreproachably  served  fourteen  years  and  upwards 
in  the  capacity  of  domestic  servants.  As  long  as 
this  concession  is  wanting,  a  servant  cannot  be  said 
to  be  tried  by  bis  peers.  On  the  contrary,  he  is 
tried  by  a  judge  and  a  jury  much  too  prone  to  take 
up  the  worst  -side  of  the  question.  If  Elizabeth 
Fenning  had  been  tried  before  a  jury  thus  com- 
posed, it  is  all  but  impossible  she  could  have  been 
found  guilty  upon  such  vague  and  dubious  evi- 
dence as  was  produced  against  her.  I  think  it  was 
Paley  who  said,  in  some  of  his  essays,  "that  the 
evil  of  an  innocent  person  put  to  death  upon  a 
false  charge  is  often  more  than  counterbalanced  by 
its  beneficial  effect  to  society,  in  operating  as  an  ex- 
ample, and  thereby  ^eventing  crime."  A  truly 
Turkish  axiom  this,  and  disgraceful  to  his  memory. 

It  has  already  been  observed  how  tenacious  the 
criminal  tribunals  of  the  Netherlands  formerly 
were,  and  probably  are  yet,  of  taking  life  away  ; 
and  also  that  circumstantial  evidence  was  never 
permitted  to  go  farther  than  led  to  the  confinement 
of  the  accused  during  life,  or  until  decisive  evi- 
iL  nee  of  guilt  or  innocence   could  be  obtained.     In 


CIRCUMSTANTIAL     EVIDENCE.  239 

the  first  ages  of  the  Belgic  republic,  the  number  of 
criminals  was  very  small,  and  the  patience  and 
diligence  with  which  their  reenters  or  judges  sought 
into  the  merits  of  every  case,  was  most  praiseworthy 
and  exemplary.  But  whenever  a  sentence  was  once 
pronounced,  it  was  rigidly  executed,  no  'pardon 
being  ever  granted.  As  the  usual  effects  of  wealth 
and  luxury  became  apparent,  the  current  of  jus- 
tice grew  turbid  and  impure,  the  laws  more  cruel 
and  sanguinary,  and  that  terrible  engine  of  despot- 
ism, the  rack,  was  resorted  to  in  all  cases  where 
suspicion  predominated,  or  where  the  prisoner  had 
the  misfortune  to  be  an  object  of  fear  and  hatred 
to  private  and  powerful  enemies,  who  might  chance 
to  thirst  after  an  opportunity  of  sacrificing  him  to 
their  resentment.  As  commercial  wealth  increased, 
public  and  private  morals  grew  more  and  more 
polluted,  and  the  administration  of  justice  more 
and  more  corrupt.  It  was  in  this  state  of  things 
that  the  condemnation  of  accused  persons  upon 
circumstantial  evidence,  and  also  upon  confes- 
sions forced  from  them  by  torture,  became  an 
ordinary  practice. 

Amongst  the  many  instances  that  are  recorded  in 
the  annals  of  Belgic  jurisprudence  of  the  lamentable 
effects    of    ignominious    punishments,    inflicted     by 


240  FAMOUS    CASES     OF 

virtue  of  sentences  founded  upon  circumstantial 
evidence  alone,  the  case  of  a  servant- woman,  who 
lived  in  the  family  of  a  principal  inhabitant  of  the 
city  of  Delft,  is,  perhaps,  one  of  the  most  remarka- 
ble. She  had  lived  many  years  in  the  family,  and 
in  all  that  time  her  conduct  had  been  irreproach- 
able. It  happened,  however,  one  Sunday,  when 
the  master,  mistress,  and  all  the  household,  alone 
excepting  this  servant,  had  gone  to  a  place  of  wor- 
ship, that  the  house  was  robbed,  and  a  small  cabi  ■ 
containing  jewels  and  gold  coin  to  a  very  large 
amount  stolen  and  carried  away.  On  the  return 
of  her  mistress,  she  went  to  deposit  some  trinkets 
that  she  had  worn  at  church  in  that  repository,  as 
was  her  usual  custom,  which  led  to  the  detection 
of  the  theft.  And  as  the  lad}7  had  taken  the  jewels 
from  the  cabinet  but  two  hours  before,  when  the 
other  valuables  were  all  safe,  it  proved  that  the 
crime  had  been  committed  whilst  the  master, 
mistress,  and  family  were  at  church. 

When  Taantje  was  questioned  respecting  the 
admission  of  any  person  into  the  house  during 
their  absence,  she  asserted  in  the  most  positive 
manner  that  no  one  had  come  in  or  gone  out.  She 
appeared  extremely  affected  at  the  incident,  looked 
pale,   wept   and   trembled,   all  which  symtoms  were 


CIRCUMSTANTIAL     EVIDENCE.  241 

construed  as  unequivocal  marks  of  guilt.  When 
further  questioned,  she  merely  repeated  her  first 
declaration,  namely,  that  she  had  not  opened  the 
door  to  any  one  during  their  absence, — that  it  had 
not  been  opened, — that  she  had  not  committed  the 
robbery,  was  not  privy  to  it,  and  constantly  ended 
her  discourse  by  appealing  to  a  just  God  to  attest 
her  innocence,  and  bring  the  ral  criminals  to  punish- 
ment. 

A  neighbor  deposed  that  during  the  time  the 
family  were  at  church  he  heard  the  back-door  open 
and  shut  very  gently,  and  some  steps  as  of  a  person 
going  out.  These  facts  Taantje  positively  contra- 
dicted, alleging  that  those  persons  must  have  been 
deceived  ;  that  no  person  could  have  come  in,  or 
gone  out,  unknown  to  her,  and  she  had  not  the 
least  consciousness  or  belief  that  any  person  had 
been  concealed  in  the  house. 

The  chief  man-servant  made  oath  that  he  had, 
the  overnight,  as  was  his  usual  custom,  locked  up 
the  lofts  or  garrets,  left  the  keys  outside,  and  had 
found  them  in  the  same  state  in  the  morning.  Other 
servants  made  oath  of  having  seen  the  cabinet  in 
the  chamber  where  it  usually  stood  when  the  family 
went  to  church.     It  was  therefore  concluded  by  the 

magistrates,  as  well  as  by  her  master  and  mistress, 
10 


242  FAMOUS    CASES    OF 

that  the  person  who  had  been  heard  to  quit  the 
house,  during  their  absence  at  church,  was  a  con- 
federate of  the  female  servant  who  had  been  left  in 
charge  ;  and  that,  after  Taantje  had  stolen  the  cab- 
inet, it  was  conveyed  away  by  an  accomplice. 

A  Lutheran  minister,  who  visited  the  family, 
took  great  pains  to  prevent  the  poor  woman  being 
sent  to  prison.  He  urged  the  possibility  at  least 
of  some  person  acquainted  with  the  habits  of  the 
family,  and  the  plan  of  the  house,  secreting  him- 
self, and  who  might,  however  improbable  it  ap- 
peared to  them,  have  committed  this  important 
robbery,  wholly  unknown  to  poor  Taantje,  whose 
whole  life  gave  a  flat  contradiction  to  the  imputa- 
tion of  dishonesty.  The  good  man  further  argued 
in  her  favor  from  the  known  sobriety  of  her  de- 
meanor,— her  having  no  lover,  no  followers,  and 
scarcely  any  other  acquaintance  or  associates  than 
her  fellow-servants.  But  all  was  in  vain.  Useless 
were  the  torrents  of  tears  that  she  shed,  or  the  sup- 
plications she  uttered.  To  the  usual  place  of  con- 
finement for  female  felons  she  was  consigned  ;  and 
'"he  judges  by  whom  the  case  was  heard,  making  up 
their  minds  that  she  was  guilty,  and  Deing  ex- 
cessively fearful  of  encouraging  similar  crimes  in 
others,  if  they  failed  to  treat  her  in  the  most  severe 


CIRCUMSTANTIAL    EVIDENCE.  243 

manner  allowed  by  law, — condemned  her  to  undergo 
the  torture  both  ordinary  and  extraordinary,  to 
wring  from  her  the  name  and  residence  of  her  ac- 
complice. Upon  hearing  this  sentence,  the  poor 
woman  fell  on  her  knees,  supplicating  of  God,  if  he 
saw  it  good  she  should  suffer  unjustly,  to  endow 
her  with  fortitude  to  meet  the  agony  to  which  she 
was  doomed,  without  its  forcing  her  to  make  a  false 
confession;  to  forgive  her  judges,  who,  she  said, 
knew  not  what  they  did  ;  and  to  bring  the  real 
delinquent  to  justice,  that  her  character  might  be 
vindicated,  and  her  innocence  of  the  crime  imputed 
to  her  made  manifest.  In  this  her  utmost  distress 
she  was  attended  and  consoled  by  the  benevolent 
minister ; — he  stood  by  her  side  when  she  was 
tortured,  and  he  bore  testimony  to  her  constancy 
in  enduring  the  dread fal  punishment,  when  every 
joint  in  her  body  was,  one  by  one,  dislocated,  and 
also  her  unremitting  protestations  of  innocence ; 
but  every  thing  was  construed  as  emanating  from 
obdurate  wickedness,  and  refinement  of  criminality. 
And  the  miserable  creature,  when  reduced  to  a 
state  of  incurable  decrepitude  by  a  cruel  and  specu- 
lative process,  was  condemned  to  twenty  years  con- 
finement and  hard  labor  in  the  house  of  correction 
at  Delft. 


244  FAMOUS    CASES    OF 

Under  all  these  terrible  inflictions,  so  meek, 
pious,  and  resigned  was  the  conduct  of  the  innocent 
sufferer,  that  the  chaplain,  keepers,  and  medical 
and  other  visitors  of  the  prison,  were  struck  with 
admiration,  so  much  so  that  a  powerful  opinion 
became  formed  that  she  must  be  innocent.  And 
ultimately,  her  master,  touched  with  sorrow  and 
remorse,  made  application  for  a  remission  of  the 
unexpired  part  of  the  term  of  her  imprisonment, 
upon  the  ground  that  he  believed  she  was  innocent 
of  the  crime  for  which  she  had  so  cruelly  suffered. 
He  was  asked  if  he  meant  to  take  her  again  into 
his  house  I  to  which  question  he  replied  in  the 
affirmative ;  and  Taantje,  after  many  years  of  suffer- 
ing, was  once  more  restored  to  her  old  home ; — but 
she  was  now  a  cripple  and  forced  to  use  crutches 
to  be  able  to  move  from  one  place  to  another.  Her 
master  made  her  a  handsome  present  towards 
securing  her  an  annuity  for  life ;  and  the  good 
priest  who  had  so  strongly  defended  her,  exerted 
himself  so  successfully,  that  a  benevolent  fund  was 
raised  sufficient  for  her  frugal  support,  if  circum- 
stances should  occur  depriving  her  of  her  asylum 
in  her  contrite  master's  house,  and  he  should  neg- 
lect to  make  provision  for  her  future  support. 

In  this  peaceful  manner,  grateful  for  the  favors 


CIRCUMSTANTIAL    EVIDENCE.  245 

her  master's  hand  bestowed,  and  freely  forgiving 
all  she  had  suffered  through  his  prosecution,  when 
an  event  occurred  which  led  to  the  detection  of 
the  real  criminal,  and  relieved  poor  Taantje  even 
from  the  shadow  of  suspicion.  It  happened  thus : 
As  Taantje,  pursuing  her  former  occupation  as 
principal  housemaid,  went  out  occasionally  into 
the  city,  a  place  of  small  extent  compared  to  Rot- 
terdam or  Amsterdam ;  and  one  day,  as  she  was 
passing  through  the  principal  flesh  market,  a 
butcher  tapped  her  on  the  shoulder,  and  said  in  a 
half  whisper,  and  an  ironical  tone  of  voice,  "  Ah ! 
what  a  creature  is  a  naked  woman!"  She  felt 
as  if  electrified  by  those  words  ;  the  recollections 
excited  by  which  almost  overpowered  poor  Taantje. 
Her  shattered  limbs  shook,  and  she  had  the  utmost 
difficulty  to  avoid  dropping  down  upon  the  pave- 
ment ;  for  she  was  conscious  that,  as  she  changed 
her  linen  on  the  Sunday  morning  when  her  master's 
house  was  robbed,  and  whilst  the  family  were  at 
church,  she  had  uttered  that  Yerj  exclamation, 
and  never  on  any  other  occasion.  She  also  recol 
lected  that  this  individual  had,  that  very  morning, 
brought  some  minced  veal  ;*  hence  it  instantaneously 

in  Holland  the  butchers  chop  meat  of  all  kinds,  if  rquired,  like 
•-.ausage  meat.     It  is  called  "  Oehaakt  Vleesch." 


246  FAMOUS    CASES    OF 

struck  her  that  this  man  had  contrived  to  conceal 
himself  in  the  solders  or  garrets,  where  he  had  over- 
heard her  utter  the  words  he  had  then  repeated  ; 
and  availing  himself  of  her  being  entirely  undressed, 
he  crept  down  the  back-stairs,  stole  the  cabinet  from 
her  mistress's  room,  and  let  himself  out  at  the  back- 
door, as  before  mentioned. 

Filled  with  the  belief  that  her  prayer  was  at 
length  heard,  poor  Taantje  hastened  home,  and 
seeking  her  master,  in  a  tremulous  tone  she  re- 
lated all  that  had  occurred,  and  every  circum- 
stance connected  with  it.  When  he  had  heard  the 
whole  she  had  to  say,  he  enjoined  the  strictest 
secresy  ;  and  so  strongly  was  he  affected  by  her  art- 
less tale,  and  the  pungent  recollection  of  the  tremen- 
dous injustice  he  had  dealt  out  to  his  innocent  and 
faithful  servant,  that  the  tears  trickled  rapidly  down 
his  furrowed  cheeks ;  and  taking  her  by  the  hand, 
and  kneeling  before  her,  he  said  he  feared  neither 
God  nor  his  neighbors  would  forgive  his  hardhearted  - 
in  having  persecuted  her  as  he  had  done.  Poor 
Taantje  was  less  able  to  bear  this  humility  and  con- 
trition than  she  had  been  his  pride  and  cruelty  ; 
and  with  a  nobleness  of  soul  that  would  have  re- 
flected honor  on  the  highest  station  in  life,  she  in- 
sisted on  his  rising,  and  strove  to  reconcile  him  to 


CIRCUMSTANTIAL     EVIDENCE.  247 

himself  by  admitting  and  expatiating  upon  the 
weight  of  unfavorable  circumstances  by  which  she 
was  then  oppressed  and  borne  down. 

Without  a  moment's  delay  her  master  hastened 
to  the  house  of  the  senior  burgomaster,  and  com- 
municated the  singular  facts  he  had  jul4  learned 
from  the  lips  of  Taantje.  His  opinion  too  was  that 
the  butcher  was  the  robber,  an  idea  that  was 
strengthened  by  the  corroborating'  facts,  that  when 
the  robbery  was  committed  the  suspected  individ- 
ual was  a  journeyman,  and  in  less  than  a  year  after- 
wards he  commenced  business  on  his  own  account, 
and  had  lived  ever  since  in  a  more  expensive  manner 
than  his  trade  seemed  competent  to  support.  The 
magistrates  next  made  inquiries  as  to  his  relations 
and  most  intimate  connections ;  and  when  every 
preliminary  step  was  taken  that  was  deemed  ex- 
pedient, the  burgomasters  and  other  magistrates 
caused  the  suspected  person  to  be  arrested,  and  his 
premises  searched.  The  penitent  master  of  poor 
Taantje  and  her  fellow  domestics  assisted ;  and  so 
suddenly  was  the  measure  executed,  there  was 
neither  time  nor  opportunity  to  remove  or  conceal 
a  single  article.  It  was  not,  however,  till  after  a  long 
and  laborious  search  they  found  any  thing  that  in 
the  least   degree   corroborated   their  suspicions.     At 


248  FAMOUS    CASES    OF 

last,  under  the  iron  hearth  of  the  best  bedroom  there 
was  found  a  small  box  containing  many  valuables, 
which  were  at  once  identified  as  the  property  of 
Taantje's  master  and  mistress,  and  which  were 
stolen  on  the  Sunday  morning  named.  And  thus, 
at  the  distance  of  fourteen  or  fifteen  years  from  the 
time  when  the  robbery  was  committed,  and  when  the 
criminal  deemed  himself  in  absolute  security,  his 
own  malignity  and  stupidity  were  made  the  instru- 
ments of  his  detection  and  punishment.  When  it  was 
known  outside  the  house,  what  had  occurred  within, 
the  populace  would  have  killed  the  delinquent,  and 
leveled  his  dwelling  with  the  earth,  but  for  the 
presence  of  the  burgomasters  and  magistrates,  and 
their  solemn  assurance  the  criminal  should  be 
brought  to  speedy  justice.  The  populace  exclaimed 
in  the  bitterest  terms  of  reprobation  against  the 
master  and  mistress  of  the  innocent  and  injured 
servant,  and  the  judges  by  whom  she  had  been 
tortured  and  condemned.  Nor  was  the  tumult 
quelled  till  the  presiding  magistrates  appeared  in 
the  front  of  the  stadthouse,  and  again  assured  the 
indignant  citizens  that  prompt  justice  should  be  done 
to  every  party ;  and  that  the  master  and  mistress 
of  Taantje  had  already  rendered  her  every  atone- 
ment in  their  power  make — had  obtained  her  release 


CIRCUMSTANTIAL     EVIDENCE.  249 

from  confinement — had  supported  her  in  a  kind  and 
comfortable  manner — and  assisted  largely  in  provid- 
ing for  her  future  support.  Lastly,  the  speedy  trial 
and  punishment  of  the  butcher,  if  found  guilty, 
was  that  part  of  the  concessions  to  popular  feeling 
which  had  the  greatest  effect  in  restoring  tranquillity. 
As  to  the  butcher,  he  evinced  the  utmost  hardihood 
and  callosity  of  heart  till  the  concealed  trinkets 
and  jewelry  were  found,  which  he  had  abstained 
from  selling,  lest  it  should  lead  to  his  detection  ;  for, 
exclusive  of  the  jewels,  he  had  stolen  two  thousand 
ducats  in  gold.  When  the  searchers  observed  that 
the  hearth-iron  seemed  as  if  it  were  movable,  the 
villain  was  seen  to  turn  pale  ;  and  when  the  die- 
naars*  found  it  moved,  and  began  to  force  it  up  from 
its  place,  the  delinquent  made  an  effort  to  draw  his 
knife,  apparently  with  the  design  to  cut  his  way 
throught  the  hostile  group  that  surrounded  him 
thus,  and  make  his  escape,  or  perish  in  the  attempt ; 
but  this  effort  had  been  foreseen  and  guarded  against, 
and  ere  he  could  do  any  mischief,  his  arm  was 
arrested,  the  weapon  taken  from  him,  —  he  was 
bound  with  strong  cords,  and  conveyed  to  the 
strongest  dungeon  in  the  city  prison  amidst  the 
groans    and    execrations  of   the    populace ;    where, 

*  Police  officers. 


250  FAMOUS    CASES    OF 

seeing  certain  death  before  his  eyes,  his  cruel  heart 
relented,  and  he  made  the  following  confession,  viz. 

That  his  master  served  the  master  of  Taantje  with, 
butcher's  meat  for  his  table,  which  lie  useci  to  carry 
— that  the  year  before  the  robbery  took  place  he 
had  courted  a  servant  maid,  then  living  in  the  house, 
through  his  intimacy  with  whom  he  acquired  a 
knowledge  of  the  upper  rooms,  and  of  the  lady's 
jewels  and  money  being  kept  in  the  cabinet  he  after- 
wards stole.  The  girl,  he  said,  supposed  he  meant 
to  marry  her,  and  he  fully  exonerated  her  from  all 
knowledge  of,  or  privity  to,  his  design  of  stealing 
the  cabinet.  Some  time  afterwards  she  was  dis- 
charged, and  their  intercouse  ceased  ;  and  then  he 
began  to  devise  means  of  executing  his  design,  but 
never  had  aa  opportunity  till  the  morning  in  ques- 
tion, when,  having  forgot  to  take  some  minced  veal 
home  on  Saturday  evening,  as  he  should  have  done, 
he  carried  it  in  a  large  basket  on  Sunday  morning. 
The  family  were  gone  to  church — Taantje  was  up 
stairs,  and  setting  the  meat  in  the  usual  place,  he 
pretended  to  go  directly  out,  and  to  shut  the  door 
after  him,  instead  of  which  he  shut  himself  in,  and 
pulling  off  his  shoes,  crept  softly  up  to  the  turf 
solder  or  garretSj  waiting  for  Taantje  coming  up  to 
the  maid's  garret  to  change  her  dress.     The  unsus- 


CIRCUMSTANTIAL     EVIDENCE.  251 

pecting  woman,  unconscious  that  any  human  being 
was  near  her,  being  entirely  undressed,  and  con- 
templating her  naked  figure,  uttered  the  singular 
exclamation  already  noted,  which,  being  plainly 
overheard  by  the  villain  in  ambuscade,  be  imme- 
diately sallied  forth,  and  descending  by  the  back 
stairs,  found  the  doors  unlocked,  and  putting  the 
cabinet  into  the  basket,  and  cohering  it  with  a  cloth, 
the  streets  being  clear,  he  reached  his  lodgings  un- 
perceived  or  unnoticed.  Upon  opening  the  box, 
and  finding  how  rich  a  booty  he  had  obtained,  he 
resolved  to  conceal  the  jewels,  and  pretending  that 
a  relation  had  lent  him  a  small  sum  of  money,  to 
begin  business,  and  commence  trade  upon  his  own 
account.  He  said  he  felt  great  sorrow  and  com- 
punction for  the  sufferings  of  Taantje,  the  truth  of 
which  may  be  questioned,  since  he  never  offered 
her  the  least  consolation  or  relief  in  the  midst  of 
her  sufferings.  And  when  a  conviction  of  her  inno- 
cence operated  so  powerfully  in  her  favor  as  to 
induce  a  subscription  in  her  behalf,  the  miscreant  had 
not  the  grace  to  dedicate  to  her  use  any  part  of  the  ill- 
gotten  store  he  had  obtained  at  the  «ost  of  her  un- 
merited disgrace  and  sufferings. 

As   to  Taantje,    her   meekness  and   humility   re- 
mained unaltered  after  this  complete  vindication  of 


252  FAMOUS    CASES    OF 

her  character.  Her  master  was  so  bowed  down  by 
the  odium  occasioned  by  his  severe  proceedings 
against  her,  which  his  subsequent  benevolence  could 
not  remove,  nor  the  soothing  discourse  of  Taantje 
mitigate,  that  he  retired  to  Utrecht  with  his  wife 
and  family.  The  delinquent  was  condemned  to  be 
broken  alive  on  the  wheel.  According  to  the  custom 
of  the  Dutch,  his  sentence  was  pronounced  under 
the  canopy  of  heaven,  and  not  in  any  edifice,  or 
under  any  roof ;  a  custon  derived  from  ages  very 
remote,  and  intended  to  show  that  the  judges  wished 
their  actions  should  be  open  and  solemn,  as  if  trans- 
acted in  the  presence  of  the  deity.  And  so  vivid 
were  the  recollections  of  Taantje  of  the  horrible 
tortures  she  had  endured,  that  on  the  day  of  his 
execution  she  seemed  as  if  she  was  again  extended 
on  the  rack,  and  her  joints  all  dislocated,  one  by 
one.  Next,  before  the  highest  tribunal  in  the  state, 
the  proceedings  of  the  local  tribunal  were  revised, 
the  result  of  which  was  that  the  presiding  judges 
were  all  removed  from  their  stations,  declared  dis- 
qualified ever  to  act  again  in  that  awful  capacity, 
and  the  city  was  condemned  to  pay  the  poor  sufferer 
a  considerable  fine,  because  the  magistracy  had  not 
caused  the  real  thief  to  be  apprehended  and  his 
premises  searched,  when  it  was  proved  that  he  had 


CIRCUMSTANTIAL    EVIDENCE.  253 

been  on  the  premises  during  the  absence  of  the 
family  on  the  morning  of  the  robbery,  and  due 
pains  had  not  been  taken  to  ascertain  if  he  had 
not  concealed  himself  in  the  house,  and  committed 
the  robbery  for  which  the  female  in  question  had 
been  falsely  accused  and  unjustly  punishpd. 


254  FAMOUS    CASES    OF 


XXXIV. 

Case    of   a    German     Boor. 

Among  cases,  foreign  and  domestic,  whose  moral 
tendency  demonstrates  the  cruelty  and  folly  of  trust- 
ing so  far  to  appearances,  however  strong,  as  to 
take  away  life,  or  declare  a  man  infamous,  this  ease 
of  a  poor  husbandry  laborer,  who  about  half  a 
century  since  was  beheaded  at  Haarlem,  not  more 
than  ten  miles  distant  from  Amsterdam,  and  a  city 
celebrated  as  the  birth-place  and  residence  of 
Laurens  Coster,  conveys  an  excellent  moral.  This 
poor  man  was  a  Westphalian  boor  or  clown,  who 
was  pursuing  his  way  to  Amsterdam  in  search  of 
more  profitable  labor  than  his  own  country  afforded. 
It  happened  that  the  party  of  emigrants  with  whom 
he  had  traveled,  stopped  to  drink  at  a  road-sid;1 
house  in  Haarlem  wood,  where  he  soon  became  so 
completely  intoxicated  that  they  laid  him  under  a 
tree  asleep,  and  left  him  to  get  along  as  he  could 
when  he  became  sober. 

Great  was  his  terror,  and  inexpressible  his  amaze- 


CIRCUMSTANTIAL     EVIDENCE.  255 

ment,  when,  upon  awaking,  the  poor  wanderer  saw 
about  him  a  number  of  men,  dressed  in  blue,  and 
wearing  silver-hilted  swords,  and  hearing  himsell 
accused  of  having  robbed  and  murdered  a  merchant ; 
and  greater  still  was  his  horror  and  affright  on  seeing 
that  the  blade  and  haft  of  his  knife  were  besmeared 
with  blood — that  his  right  hand  was  bloody,  and 
that  in  his  pockets  were  found  property  which  was 
known  to  have  belonged  to  the  murdered  man.  The 
terror  and  confusion  he  manifested,  and  which  was 
so  natural  to  his  condition  as  an  innocent  man,  were 
interpreted  as  unequivocal  proofs  of  guilt.  His  pro- 
testations and  supplications  were  alike  disregarded. 
His  country,  and  his  poverty,  combined  to  render 
him  a  subject  of  reproach  and  derision ;  for  the  in- 
digent German  laborers  were  no  less  subject  to 
insult  and  to  wrong  in  Holland,  than  the  poor  Irish 
are  in  England.  After  many  months  close  confine- 
ment the  unhappy  man  was  condemned  to  die  by 
being  beheaded,*  after  having  been  put  to  the   tor- 

*  About  the  year  1803,  a  Dutchman,  by  trade  a  pork  butcher,  resid- 
ing near  the  Admiralty,  in  Amsterdam,  murdered  his  wife,  and  then 
strove  to  conceal  himself  by  flight.  He  was  however  taken,  tried, 
and  condemned  to  die  by  the  sword.  When  the  criminal  was  brought 
upon  the  scaffold,  he  could  not  be  induced  to  kneel  down,  with  his 
eyes  covered,  and  his  head  erect,  and  arms  pinioned,  bul  plunged  so 
violently  it  was  found  impossible  to  behead,  without  first  billing  him. 
It  caused  no  small  confusion  to  the  judges,  who,  in  Holland,  are  com- 
pelled to  witness  the  execution  of  the  sentences  they  pronounce.     At 


25  6  FAMOUS    CASES    OF 


ture  to  make  him  confess  his  crme  and  his  accom- 
p]ices. 

The  probability  of  the  assassins  having  found  the 
poor  German  drunk  and  fast  asleep,  of  having 
stained  his  knife  and  hand  with  blood,  and  put 
into  his  pockets  a  part  of  the  spoil  they  had  taken 
from  the  merchant  they  had  just  murdered ;  and 
the  improbability  that  a  person  capable  of  com- 
mitting such  a  crime  falling  asleep  by  the  highway 
side,  his  hands  and  arms  besmeared  with  blood,  and 
the  property  in  his  pockets,  were  all  overlooked. 
The  companions  of  the  accused  appeared  in  his 
behalf,  and  they  proved  he  was  dead  drunk,  and 
neither  able  to  stand  or  go  when  they  left  him  in 
the  wood.  The  public  prosecutor  contended  that  he 
had  arisen  in  a  state  of  frenzy — had  robbed  and 
murdered  the  merchant,  and  being  unable  to  pro- 
ceed, had  staggered  back  to  the  tree  where  they  had 
deposited  him,  and  was  there  taken.     The  result  was, 


length,  after  the  loss  of  half  an  hour's  time,  the  executioner  put  a  cord 
round  his  neck,  and  he  submitted  quietly  enough  to  be  hung.  A  Mr. 
Humphries,  a  well  known  London  collector  of  books  and  prints,  under 
the  signature  "  Londonienis"  wrote  a  humorous  article,  which  was  m 
serted  in  the  Rotterdam  paper,  iu  which,  having  heard  that  the  crim- 
inal was  a  staunch  republican,  he  said,  he  was  resolved  to  go  out  of 
the  world  with  his  head  on,  and  that  he  continued  to  the  last,  like  the 
Batavian  republic,  "  one  and  indivisible."  It  was  the  only  capital  ex- 
ecution that  occurred  in  Amsterdam,  a  city  containing  800,000  inhabit 
ants,  in  the  course  of  three  years, 


CIRCUMSTANTIAL     EVIDENCE.  257 

the  poor  man  was  condemned  to  die,   and  suffered 
death  by  beheading. 

The  fate  of  the  poor  German  was  forgotten,  when, 
upon  a  gang  of  desperate  robbers  and  murderers 
being  detected  and  apprehended  in  Gelderland,  and 
just  as  they  were  led  out  lo  execution,  two  of  them 
confessed  having  committed  the  crime  for  which  the 
poor  German  had  suffered  a  wrongful  death  at 
Haarlem.  The  criminals,  in  their  joint  confession, 
stated  that  as  they  were  waiting  the  arrival  of  the 
merchant  in  a  herberg  or  inn  in  Haarlem  wood, 
whom  they  knew  would  pass  along  near  about  that 
time,  on  his  way  from  the  Lemmer  to  Amsterdam — 
that  they  noticed  the  German  boors,  and  the  very 
drunken  state  of  one  of  them  whom  the  rest  of  his 
comrades  left  dead  drunk  under  an  oaken  tree  ;  that 
after  they  had  murdered  the  traveler,  and  plundered 
his  person,  events  which  took  place  only  a  very 
short  distance  from  the  spot  where  the  unfortunate 
German  lay  asleep,  one  of  the  banditti  suggested 
the  horrible  expedient  of  staining  his  hands,  his 
garments,  and  his  knife,  with  the  yet  reeking  gore 
of  the  slain  ;  and  putting  into  his  pockets  a  few  of 
the  least  valuable  trinkets  found  upon  him.  And 
so  hardened  were  those  wretches,  it  appears  they 
were  present  at  his  execution.     On  this  account  ;•     , 

17 


?58  FAMOUS    CASES    OF 

said  Haarlem  city  lost  the  privilege  of  ever  more 
having  its  own  executioner,  a  proper  stigma  upon 
the  negligence  and  prejudice  which  led  to  the  execu- 
tion of  an  innocent  person. 


CIRCUMSTANTIAL    EVIDENCE.  259 


XXXV. 

Case  of   a  Dutch    Servant    Maid. 

Another  instance  may  be  cited  of  a  diabolical 
project,  devised  and  executed  by  a  vindictive  lady, 
residing  at  Vlissingen,  in  Zealand.  She  had  a 
servant  girl  against  whom  she  took  up  so  vehement  a 
hatred  that  nothing  less  than  her  total  destruction 
could  appease  her.  Animated  by  this  savage  feel- 
ing, she  found  a  key  which  opened  the  girl's  box, 
into  which  she  placed  a  small  gold  cup,  some  silver 
spoons,  pieces  of  lace,  and  other  articles  which  she 
could  identify  as  her  property  ;  and  then  went  before 
the  magistrates,  making  oath  that  she  had  lost  the 
cup,  a  necklace,  and  other  jewels,  as  well  as  some 
small  pieces  of  plate,  and  obtained  permission  to 
search  her  box  and  person,  The  poor  girl  was 
thunderstruck  at  the  accusation.  Confident  of  her 
innocence  of  the  imputed  crime,  she  openly  accused 
her  mistress  of  perjury,  eagerly  led  the  police  officers 
to  the  box,  which  she  opened  with  short-lived  ex-  • 
ultation,  for,  at  the  bottom,  and  carefully  folded  up 
in  her  garments,   various  articles  belonging  to  her 


26o  CIRCUMSTANTIAL     EVIDENCE, 

mistress  were  found,  but  neither  the  gold  cup,  nor 
diamond  ear-rings  and  necklace.  If  a  huge  serpent 
had  sprutig  from  the  box  and  coiled  itself  in  her 
bosom,  the  affrighted  maid  could  not  have  expressed 
more  horror;  she  shrieked,  rather  than  said,  "My 
mistress  put  it  there — my  mistress  put  it  there — I  am 
innocent!  I  am  innocent!"  These  exclamations 
were,  however,  attributed  to  artifice,  and  she  was 
committed  to  prison,  tried,  and  condemned  to  be 
flogged  on  the  public  scaffold,  brand-marked,  and 
imprisoned  twelve  years  in  the  Spin  house,  which 
sentence  was  rigidly  executed.  The  excellent  char- 
acter of  the  girl,  and  some  dark  spots  in  the  char- 
acter of  the  mistress,  comiug  to  the  ears  of  Ploos 
Van  Amstel,  who  was,  in  his  day,  the  Garrow  of 
Amsterdam,  he  visited  the  prison,  and  hearing  a 
most  favorable  report  of  the  unhappy  girl' s  conduct, 
he  saw  and  spoke  to  her,  whose  firm,  plausible, 
modest,  consistent  manner,  impressed  that  celebrated 
lawyer  with  a  strong  belief  that  the  mistress  had 
acted  as  the  prisoner  declared.  He  therefore  set 
confidential  agents  to  work,  to  dive  into  her  char- 
acter, and  he  found  it  compatible  with  the  girl's 
•allegations.  In  the  course  of  his  researches  he  met 
with  a  poor  char-woman,  who  made  oath  that  she 
had  seen  the  identical  cup  in  the  possession  of  the 


FAMOUS    CASES    OF  *6i 

Indy,  long  after  the  punishment  of  the  girl,  and 
that  the  prosecutrix  seemed  greatly  confused  at  the 
disclosure,  and  hastily  put  it  out  of  sight.  Upon 
the  strength  of  this  positive  testimony  the  public- 
spirited  advocate  went  to  the  presiding  burgomaster 
and  told  him  his  suspicions,  and  exhibited  his 
proofs,  as  he  found  a  similar  mistrust  pevailing  in 
the  bosom  of  that  magistrate,  and  had  little  difficulty 
in  attaining  the  requisite  authority.  To  prevent 
any  suppression  of  truth  by  bribery  or  other  in- 
fluence, the  burgomaster  connived  at  the  lawyer 
himself,  dressed  as  an  inferior  officer  of  justice, 
assisting  in  executing  the  measures  that  were  re- 
solved to  be  taken,  in  order,  if  possible,  to  detect 
the  cup  of  gold  and  diamond  ornaments  in  the 
possession  of  the  prosecutrix.  Whilst  two  parties 
of  police  officers,  each  headed  by  a  magistrate,  ex- 
amined the  town  and  country  house  of  the  suspected 
lady,  Ploos  Van  Amstel  proceeded  to  the  humbler 
dwelling  of  a  female  relative  who  subsisted  upon 
the  bounty  of  the  prosecutrix,  and  whose  conduct 
in  bearing  testimony  against  the  prisoner,  and  sup- 
porting the  charges  urged  against  her,  had  subjected 
her  to  many  censures,  and  much  opprobrium.  The 
female  who  had  sworn  she  had  seen  a  cup  which 
-appeared  to  be  gold,  and  exactly  resembling  the  one 


262  FAMOUS    CASES    OF 

said  to  have  been  stolen  by  the  prisoner,  told  the 
lawyer  this  female  was  then  in  the  lady's  house, 
and  she  thought  the  gold  cup  was  more  likely  to  be 
in  her  custody  than  the  lady's.  The  police  officers 
contrived  to  enter  the  house  before  they  were  per- 
ceived, and  whilst  the  person  of  the  female  and  her 
servant  were  secured,  Ploos  Yan  Amstel  proceeded 
up  to  her  bed-room ;  and  there,  in  a  recess  formed 
for  concealing  smuggled  goods,  of  which  he  had 
received  private  intelligence,  he  found  a  small  box, 
in  which  were  the  identical  cup  and  the  jewels  for 
stealing  which  the  servant  girl  had  been  falsely 
accused  and  erroneously  condemned,  and  suffered 
an  infamous  and  terrible  punishment.  The  surprise, 
terror,  and  confusion  of  the  guilty  woman  in  whose 
custody  these  articles  were  found,  and  whose  false 
and  suborned  evidence  had  materially  contributed 
to  the  condemnation  of  the  accused,  was  excessive. 
She  saw  at  one  glance  the  abyss  that  yawned  to 
swallow  her,  and  forgetful  of  every  thing  but  the 
hope  of  escaping,  she  arraigned  the  prosecutrix  of 
having  prevailed  upon  her  to  aid  in  her  infernal  pro- 
jects against  her  servant  maid. 

Acting  as  a  notary,  Ploos  Van  Amstel  took 
minutes  of  her  confessions,  which  the  magistrate 
witnessed,  as  well  as  the  inferior  officers.     The  mag- 


CIRCUMSTANTIAL     EVIDENCE.  263 

istrates  then  went  with  the  dienaars,  to  lodge  the 
woman  in  the  same  prison  where  the  poor  girl  was 
confined.  PI 00s  Yan  Amstel  proceeded  to  the  town 
hcnse  of  the  prosecutrix,  having  in  his  possession 
the  golden  cup,  the  ear-rings,  and  the  necklace,  and 
the  written  confession. 

When  he  arrived  he  found,  of  course,  that  the 
search  had  been  unsuccessful ;  and  the  prosecutrix, 
too  confident  in  a  fallacious  security,  was  menacing 
the  magistrates  with  a  prosecution  for  defamation, 
and  was  ordering  the  officers  to  quit  her  house. 
When  she  saw  Ploos  Yan  Amstel  arrive,  she  fiercely 
exclaimed,  "What  other  ruffian  is  come  to  ransack 
my  dwelling?"  "It  is  only  Ploos  Yan  Amstel, 
madame,"   said   the   magistrate,    "who   has  been  to 

examine   a   secret  recess  in   the   house   of  ." 

In  an  instant,  as  if  by  the  touch  of  magician's  wand, 
all  her  arrogance  vanished,  and  she  would  have 
failed  senseless  on  the  floor  but  for  the  humanity 
of  the  gentleman  whom  she  had  so  insolently  ac- 
costed. When  then  she  opened  her  eyes,  and  recog- 
nized the  well  known  features  of  that  popular  ad- 
vocate, bearing  in  his  hands  the  identical  property 
she  thought  she  had  secured  against  every  danger, 
her  shrieks  were  piercing — her  distress,  indescribable 
—she  tore   her  hair,  threw  herself  at  his  feet,  and 


264  FAMOUS    CASES     OF 

offered  to  resign  half  her  fortune  to  the  poor  servant, 
and  to  quit  the  country  for  ever,  if  she  could  be 
exempted  from  public  shame  and  punishment.  But 
her  depravity  had  been  so  rampantly  displayed,  and 
her  conduct  marked  by  such  fiend-like  cruelty,  that 
the  lawj^er  soon  put  an  end  to  every  hope,  by 
ordering  the  officers  to  place  her  in  a  coach  that 
was  waiting,  and  convey  her  to  prison  to  be  dealt 
with  according  to  law.  At  the  same  time  the  mag- 
istrates put  their  seals  on  the  doors  of  the  principal 
apartments,  and  left  their  officers  in  possession  of 
the  house.  Having  thus  fully  accomplished  the 
object  of  his  search,  and  having  obtained  an  order 
of  release  for  the  innocent  sufferer,  that  she  might 
appear  as  an  evidence  against  the  newly  made 
prisoners,  the  active  and  benevolent  lawyer  went 
to  the  public  prison,  where  dressed  in  the  female 
felon's  garb,  and  pursuing  her  daily  task  of  spinning 
an  allotted  quantity  of  flax,  he  found  the  pale, 
desponding,  emaciated  captive. 

Ploos  Van  Amstel  was  too  judicious  to  make 
the  injured  woman  at  once  aware  of  the  complete 
revolution  that  had  occurred  in  her  fortune.  He 
began  by  telling  her  that  the  detection  and  punish- 
ment of  her  cruel  and  merciless  mistress  were  events 
very  near  at  hand,  and  subsequently  her  own  restora- 


CIRCUMSTANTIAL     EVIDENCE.  265 

rion  to  liberty  and  character  was  not  only  possible, 
but  probable.  She  was  at  first  incredulous ;  but 
when  her  deliverer  assured  her  that  he  was  certain 
of  her  complete  triumph,  and.  made  her  acquainted 
with  his  name  and  avocation,  she  was  so  violently 
affected  as  to  be  near  fainting,  and  falling  on  her 
knees,  her  first  action  was  to  thank  Grod  that  had 
raised  her  up  a  friend  to  make  manifest  her  inno- 
cence. A  heavy  flood  of  tears  succeeded  ;  and  when 
this  seasonable  relief  of  an  overcharged  heart  had 
so  far  re-composed  her  agitated  bosom,  as  to  enable 
her  to  converse  rationally,  the  jailer's  wife  walked 
in  and  invited  the  astonished  sufferer  to  go  with  her 
into  her  house;  and  there  she  was  requested  to 
retire  to  a  private  room,  to  take  off  the  prison  dress, 
and  put  on  the  respectable  apparel  that  was  pro- 
vided for  her.  Scarcely  knowing  what  she  did,  and 
dubious  if  the  whole  was  not  a  flattering  dream,  and 
fearful  she  should  awake,  and  still  find  herself  a 
wretched  prisoner,  she  obeyed.  So  excessive,  how- 
ever, was  the  tremor  that  seized  her  nerves,  it  was 
deemed  advisable  to  have  her  blooded.  When  she 
returned,  dressed  as  a  tradesman's  daughter,  she 
was  apprised  of  her  full  liberation,  and  of  the  de- 
tection and  confinement  of  her  proud  and  unrelent- 
ing mistress ;    and  as  a  confirmation   of   her  good 


206  FAMOUS    CASES     OF 

fortune,  her  deliverer  showed  her  the  cup  and  the 
jewels  she  had  wickedly  and  falsely  been  accused 
of  stealing.  Such  was  the  result  of  the  wicked 
machinations  of  a  rich  lady,  against  a  poor  servant 
girl.  The  city  was  fined  in  a  very  large  sum  by  the 
States -general ;  and  the  servant  maid,  enriched  and 
vindicated,  became  the  wife  of  an  opulent  and 
respectable  man ;  and  the  prosecutrix  and  her  ac- 
complice were  condemned  to  fifty  years'  hard  labor 
and  close  confinement,  being  the  longest  term  of 
confinement  allowed  in  Holland,  from  an  affected 
abhorrence  of  condemning  any  one  to  perpetual  in- 
carceration. 


CIRCUMSTANTIAL    EVIDENCE.  267 


XXXV. 

Case    of   a    Negro    Murderer. 

A  negeo,  who  bad  run  away  from  from  his 
master  in  South  Carolina,  arrived  in  London  in  an 
American  ship.  Soon  after  landing,  he  became  ac- 
quainted with  a  poor,  honest  laundress,  in  Wapping, 
who  washed  his  linen.  This  poor  woman  usually 
wore  two  gold  rings  on  one  of  her  fingers,  and  it 
was  said  she  had  saved  a  little  money,  which  induced 
this  wretch  to  conceive  the  design  of  murdering  her, 
and  taking  her  property.  She  was  a  widow,  and 
lived  in  an  humble  dwelling  with  her  nephew.  One 
night  her  nephew  came  home  much  intoxicated,  and 
was  put  to  bed.  The  negro,  who  was  aware  of  the 
circumstance,  thought  this  would  be  a  favorable 
opportunity  for  executing  his  bloody  design.  Ac- 
cordingly, he  climbed  up  to  the  top  of  the  house, 
stripped  himself  naked,  and  descended  through  the 
chimney  to  the  apartment  of  the  laundress,  whom 
he  murdered — not  until  after  a  severe  struggle,  the 
noise  of  which  awoke  her  drunken  nephew  in  the 
adjoining  room,    who  got  up  and  hastened  to  the 


268  FAMOUS    CASES    OF 

rescue  of  his  aunt.  In  the  mean  time  the  villain  had 
cut  off  the  finger  with  the  rings  ;  but  before  he  could 
escape,  he  was  grappled  with  by  the  nephew,  who, 
being  a  very  powerful  man,  though  much  intox- 
icated, very  nearly  overpowered  him  ;  when,  by  the 
light  of  the  moon,  which  shone  through  the  window, 
he  discovered  the  complection  of  the  villain,  whom 
(having  seldom  seen  a  negro)  he  took  for  the  devil. 
The  murderer  then  disengaged  himself  from  the 
grasp  of  the  nephew,  and  succeeded  in  making  his 
escape  through  the  chimney.  But  the  nephew  be- 
lieved, and  ever  afterwards  delared,  that  it  was  the 
devil  with  whom  he  had  struggled,  and  who  had 
subsequently  flown  into  the  air  and  disappeared. 
The  negro,  in  the  course  of  the  struggle,  had  be- 
smeared the  young  man's  shirt  in  many  places  with 
the  blood  of  his  victim  ;  and  this  joined  with  other 
circumstances,  induced  his  neighbors  to  consider  the 
nephew  as  the  murderer  of  his  aunt.  He  was 
arrested,  examined,  and  committed  to  prison,  though 
he  persisted  in  asserting  his  innocence,  and  told  his 
story  of  the  midnight  visitor,  which  appeared  not 
only  improbable,  but  ridiculous  in  the  extreme.  He 
was  tried,  convicted,  and  executed,  protesting  to  the 
last  his  total  ignorance  of  the  murder,  and  throwing  it 
wholly  on  his  black  antagonist,  whom  he  believed  to 


CIRCUMSTANTIAL     EVIDENCE.  269 

be  no  other  than  Satan.  The  real  murderer  was  not 
suspected,  and  returned  to  America  with  his  little 
booty ;  but  he,  after  a  wretched  existence  of  ten 
years,  on  his  death-bed  confessed  the  murder,  and 
related  the  particulars  attending  it. 


2?o  FAMOUS     CASES     OF 


XXXVI. 

Case    of    Erroneous     Execution     for 
Murder. 

A  gentleman  having  been  reveling  abroad,  was 
returning  home  late  at  night,  but  overcome  with 
wine  he  fell  down  in  the  street,  and  lay  there  in  a 
state  of  insensibility.  Soon  after,  two  persons,  who 
were  passing,  having  quareled,  one  of  them,  ob- 
serving that  the  drunkard  had  a  sword  by  his  side, 
snatched  it  away,  and  with  it  ran  his  adversary 
through  the  body.  Leaving  the  instrument  sticking 
in  his  wound,  he  ran  off  as  fast  as  he  could.  When 
the  watchman  of  the  night  came  in  the  course  of  his 
rounds  to  the  scene  of  the  tragedy,  and  saw  one 
man  laying  dead,  with  a  sword  in  his  body,  and 
another  lying  near  him  in  a  state  of  drunkenness, 
with  his  scabbard  empty,  he  had  no  doubt  whatever 
that  the  crime  and  the  offender  were  both  before 
him  ;  and  seizing  the  drunkard  he  conveyed  him 
to  prison. 

Next  morning  he  was  examined  before  a  mag- 
istrate ;  and  being  unable  to  remove  the  strong  pre- 


CIRCUMSTANTIAL    EVIDENCE  271 

sumptions  which  circumstances  established  against 
him,  he  was  committed  for  trial.  When  tried,  he 
was  found  guilty,  and  immediately  executed  for  the 
murder  of  which  he  was  perfectly  innocent. 

The  real  criminal  was  some  time  after  condemned 
to  death  for  another  offense  ;  and  in  his  last  mo- 
ments confessed  how  he  had  made  use  of  the  revel- 
er's sword  to  execute  his  own  private  wrongs. 


FAMOUS    CASES     OF 


XXXVIL 

Murder     of     a     Father. 

A  max  was  tried  for  and  convicted  of  the  mur- 
der of  his  own  father.  The  evidence  against  him 
was  merely  circumstantial,  and  the  principal  wit- 
ness was  his  sister.  She  proved  that  her  father 
possessed  a  small  income,  which  with  his  industry 
enabled  him  to  live  with  comfort ;  that  her  brother, 
who  was  his  heir  at  law,  had  often  expressed  a 
great  desire  to  come  into  possession  of  his  father's 
effects  ;  and  that  he  had  long  behaved  in  a  very 
undutiful  manner  to  him,  wishing,  as  the  witness 
believed,  to  put  a  period  to  his  existence  by  un- 
easiness and  vexation  ;  that  on  the  evening  the  mur- 
der was  committed,  the  deceased  went  a  short  dis- 
tance from  the  house  to  milk  a  cow  he  had  for  some 
time  kept,  and  that  witness  also  went  out  to  spend 
the  evening  and  to  sleep,  leaving  only  her  brother 
in  the  house :  that  returning  home  early  in  the 
morning,  and  finding  that  her  father  and  brother 
were  both  absent,  she  was  much  alarmed,  and  sent 
for  some  of  the  neighbors  to  consult  witli  them,  and 


CIRCUMSTANTIAL     EVIDENCE.  273 

to  receive  advice  what  should  be  done ;  that  in 
company  with  these  neighbors  she  went  to  the  hovel 
in  which  her  father  was  accustomed  to  milk  the 
cow,  where  they  found  him  murdered  in  a  most 
inhuman  manner  ;  that  a  suspicion  immediately 
falling  on  her  brotner,  and  there  being  then  some 
snow  upon  the  ground,  in  which  the  footsteps  of 
a  human  being,  to  and  from  the  hovel,  were  ob- 
served, it  was  agreed  to  take  one  of  her  brother's 
shoes,  and  to  measure  therewith  the  impressions  in 
the  snow  ;  this  was  done,  and  there  did  not  remain 
a  doubt  that  the  impressions  were  made  with  his 
shoes.  Thus  confirmed  in  their  suspicions,  they 
immediately  went  to  the  prisoner's  room,  and  after 
a  diligent  search  they  found  a  hammer  in  the  cor- 
ner of  a  private  drawer  with  several  spots  of  blood 
upon  it. 

The  circumstance  of  finding  the  deceased  and 
the  hammer,  and  the  identity  of  the  footsteps,  as 
described  by  the  former  witness,  were  fully  proved 
by  the  neighbors  whom  she  had  called  ;  and  upon 
this  evidence  the  prisoner  was  convicted  and  suf- 
fered death,  but  denied  the  act  to  the  last. 

About  four  years  after,  the  sister  who  had  been 
chief  witness  was  extremely  ill  ;  and  understand- 
ing that  there  were  no  hopes  of  her  recovery,  she 
18. 


274  FAMOUS    CASES    OF 

confessed  that  her  father  and  brother  having  of- 
fended her,  she  was  determined  they  should  both 
die  ;  and,  accordingly,  when  the  former  went  to 
milk  the  cow,  she  followed  him  with  her  brother's 
hammer  and  in  his  shoes  ;  that  she  felled  her  father 
with  the  hammer,  and  laid  it  where  it  was  after- 
wards found ;  that  she  then  went  from  home  to 
give  a  better  color  to  the  horrid  transaction,  and 
that  her  brother  was  perfectly  innocent  of  the  crime 
for  which  he  had  suffered. 

She   was    immediately  taken    into    custody,   but 
died  before  she  could  be  brought  to  trial. 


CIRCUMSTANTIAL     EVIDENCE.  275 


xxxvm. 

Case     of     Youth     Betrayed. 

A  few  years  ago  the  green  of  a  rich  bleacher 
in  the  north  of  Ireland  had  been  frequently  robbed 
at  night  to  a  very  considerable  amount,  notwith- 
standing the  utmost  vigilance  of  the  proprietor  and 
his  servants  to  protect  it,  and  without  the  slightest 
clue  being  furnished  for  the  detection  of  the  robber. 

Effectually  and  repeatedly  baffled  by  the  in- 
genuity of  the  thief  or  thieves,  the  proprietor  at 
length  offered  a  reward  of  one  hundred  pound3 
for  the  apprehension  of  any  person  or  persons  de 
tected  robbing  the  green. 

A  few  days  after  this  proclamation,  the  master 
was  at  midnight  raised  from  his  bed  by  the  alarm 
of  a  faithful  servant,  "  there  was  somebody  with  a 
lantern  crossing  the  green."  The  master  started 
up  from  his  bed,  and  flew  to  the  window  ;  it  was 
so.  He  hurried  on  his  clothes,  and  armed  himself 
with  a  pistol  ;  the  servant  flew  for  his  loaded  mus- 
ket, and  they  cautiously  followed  the  light.  The 
person  with  the  lantern   (a  man)  was,  as  they  ap 


276  FAMOUS    CASES     OF 

proacbed,  on  tip-toe,  distinctly  seen  stooping  and 
groping  on  the  gronnd ;  he  was  seen  lifting  and 
tumbling  the  linen.  The  servant  fired  ;  the  robber 
fell.  The  man  and  master  now  proceeded  to  ex- 
amine the  spot.  The  robber  was  dead  ;  he  was 
recognized  to  be  a  youth  of  about  nineteen,  who 
resided  a  few  fields  off.  The  linen  was  cut  across  ; 
bundles  of  it  were  tied  up  ;  and  upon  searching 
and  examining  farther,  the  servant,  in  the  presence 
of  his  master,  picked  up  a  pen -knife,  with  the 
name  of  the  unhappy  youth  engraved  upon  the 
handle.  The  evidence  was  conclusive  ;  for  in  the 
morning  the  lantern  was  acknowledged  by  the  af- 
flicted and  implicated  father  of  the  boy  to  be  his 
lantern.     Defense  was  dumb. 

The  faithful  servant  received  the  hundred  pounds 
reward,  and  was,  besides,  promoted  to  be  the  con- 
fidential overseer  of  the  establishment. 

The  faithful  servant,  this  confidential  overseer, 
was  shortly  afterwards  proved  to  have  been  himself 
the  thief,  and  was  hanged  at  Dundalk  for  the  mur- 
der of  the  youth  whom  he  had  cruelly  betrayed. 

It  appeared,  upon  the  clearest  evidence,  and  by 
the  dying  confession  and  description  of  the  wretch 
himself,  that  all  this  circumstantial  evidence  was 
preconcerted  by  him,   not  only  to    screen    himself 


CIRCUMSTANTIAL    EVIDENCE.  277 

from    the    imputation   of    former    robberies,   but    to 
get  the  hundred  pounds  reward. 

The  dupe,  the  victim,  he  chose  for  his  diaboli- 
cal purpose  was  artless,  affectionate  and  obliging. 
The  boy  had  a  favorite  knife,  a  pen -knife,  with 
his  name  engraved  upon  its  handle.  The  first  act 
of  this  fiend  was  to  coax  him  to  give  him  that 
knife  as  a  keepsake.  On  the  evening  of  the  fatal 
day  the  miscreant  prepared  the  bleach  green,  the 
theater  of  this  melancholy  tragedy,  for  his  per- 
formance. He  tore  the  linen  from  the  pegs  in  some 
places,  he  cut  it  across  in  others  ;  he  turned  it 
up  in  heaps  ;  he  tied  it  up  in  bundles  as  if 
ready  to  be  removed,  and  placed  the  favorite 
knife,  the  keepsake,  in  one  of  the  cuts  he  had 
himself  made. 

Matters  being  thus  prepared,  he  invited  the  de- 
voted youth  to  supper,  and  as  the  nights  were 
dark,  he  told  him  to  bring  the  lantern  to  light 
him  home.  At  supper,  or  after,  he  artfully  turned 
the  conversation  upon  the  favorite  knife,  which  he 
affected  with  great  concern  to  miss,  and  pretend- 
ing that  the  last  recollection  he  had  of  it,  was 
using  it  on  a  particular  spot  of  the  bleach  green, 
described  the  spot  to  the  obliging  boy,  and  begged 

him   to   see  if    it   was   there.      He    lit    the    lantern 
1 


278  FAMOUS    CASES    OF 


which  he  had  been  desired  to  bring  with  him  to 
light  him  home,  and  with  alacrity  proceeded  upon 
his  fatal  errand. 

As  soon  as  the  monster  saw  his  victim  was 
completely  in  the  snare,  he  gave  the  alarm,  and 
the  melancholy  crime  described  was  the  result. 

Could  there  have  been  possibly  a  stronger  case 
of  circumstantial  evidence  than  this  ?  The  young 
man  seemed  actually  caught  in  the  act.  There 
was  the  knife  with  his  name  on  it ;  the  linen  cut, 
tied  up  in  bundles  ;  the  lantern  acknowledged  by 
his  father.  The  time,  past  midnight.  The  master 
himself  present,  a  man  of  the  fairest  character ; 
the  servant,  of  unblemished  reputation. 


CIRCUMSTANTIAL     EVIDENCE.  279 


xxxsx. 

Case     of     Martin     Guerre. 

Martust  Guerre  was,  at  the  age  of  eleven, 
married  in  January,  1539,  to  Mademoiselle  Ber- 
trande  del  Rols,  of  Artignes,  of  the  same  age.  A 
eertain  provision  was  made  for  the  wedded  pair, 
and  in  the  ninth  year  of  their  marriage  a  third 
member  was  added  to  the  gronp,  b}"  the  birth  of  a 
boy,  who  received  the  name  of  Sanxi. 

But  a  clond  now  gathered  over  the  domestic  sky. 
Martin  was  tempted  to  appropriate  to  his  own  use 
some  wheat  belonging  to  his  father,  and  fearing  the 
latter' s  displeasure,  absented  himself  from  home 
until  the  matter  should  blow  over.  Eight  days 
were  assigned  —  between  Monsieur  and  Madame 
Guerre  —  as  the  probable  period  for  this  ;  but  as 
many  years  actually  did  elapse  before  Martin  was 
again  seen,  and  during  the  whole  of  that  time  no 
token  of  his  existence  cheered  his  wife  and  child. 

At  length,  one  winter's  evening,  a  traveler,  claim- 
ing to  be  Martin,  suddenly  presented  himself,  a*nd 
declared  that  he   had  returned   a  penitent  man,  re- 


2  So  FAMOUS    CASES    OF 

solved  to  atone  by  every  office  of  affection  and  con- 
jugal duty  for  the  anxiety  and  distress  he  had 
occasioned. 

Not  the  least  question  of  the  visitor's  being  in- 
deed Martin  Guerre  seems  to  have  occurred  »to  any- 
body. His  own  four  sisters,  his  uncle,  and  every 
member  of  his  wife's  family  then  at  hand,  ac- 
knowledged him  without  an  instant's  hesitation. 
And  no  wonder  ;  for  not  only  was  the  newly-ar. 
rived  identical  in  form  and  feature  with  Guerre, 
but  he  showed  himself  familiar  with  circumstances 
which  could  be  known  only  to  the  latter. 

Madame  Guerre,  whose  attachment  to  her  lord 
had  never  wavered  or  diminished  in  his  absence, 
received  his  representative  with  every  token  of  the 
fondest  affection  ;  returning  to-  her  quiet  wifely 
habits  as  before,  and  in  the  period  of  three  years 
during  which  they  lived  together,  presenting  the 
supposed  Martin  with  two  children,  one  of  whom, 
however,  died  in  infancy. 

Whether  or  not  the  wife  ever  suspected  that 
she  was  the  victim  of  a  daring  imposture  can  never 
be  ascertained.  It  was  deemed  impossible  that  some 
or  other  of  those  almost  imperceptible  yet  positive 
differences,  that  must  always  exist  between  man 
and  man,  should  not  have   at  times  awakened  her 


CIRCUMSTANTIAL    EVIDENCE.  281 

suspicions.  The  probability  is  that  they  did  so  ; 
and  that  her  continued  acquiescence  in  this  singu- 
lar connection  was  the  result  partly  of  personal 
liking  for  the  man  who  enacted  his  role  of  husband 
with  a  tenderness  and  fidelity  the  original  did  not, 
and  partly  from  a  conviction  that,  impostor  as  he 
might  be,  her  peace  and  respectability  would  be 
best  consulted  by  keeping  her  own  counsel  and  his. 

What  circumstance  prompted  the  first  attempt 
to  investigate  the  matter  was  not  distinctly  known. 
It  was,  however,  at  the  pressing  instance  of  Pierre 
Guerre,  an  uncle  of  the  missing  man,  and  other 
connections  of  the  family,  that  Bertrande  was  at 
length  induced  to  invoke  the  vengeance  of  the  law 
on  her  pretended  spouse.  He  was  thereupon  ar- 
rested, and  before  the  Court  of  Eieux  Bertrande 
accused  him  of  falsely  and  treacherously  person- 
ated her  husband,  Martin  Guerre,  and  demanded 
that  he  should  be  condemned  to  do  penance  in  the 
usual  public  form,  should  pay  a  fine  to  the  king, 
and  make  compensation  to  herself  in  the  sum  of 
ten  thousand  livres. 

The  accused  made  an  eloquent  defense,  main 
taining  stoutly  his  identity  with  Martin  Guerre. 
He  then  explained  the  causes  of  his  prolonged  ab- 
sence,  giving  a  minute  and  circumstantial   history 


282  FAMOUS    CASES    OF 

of  the  seven  or  eight  years,  during  which  he  had 
served  as  a  soldier,  passing  afterwards  into  the  ser- 
vice of  the  king  of  Spain.  Consumed  with  the  de- 
sire once  more  to  see  his  wife  and  son,  he  had  at 
length  wandered  back,  browned  and  bearded,  to 
the  village  he  had  left  a  smooth  -  cheeked  boy. 
Pierre  Guerre,  that  very  uncle  who  now  sought  his 
ruin,  was  the  first  to  recognize  him,  and  only 
changed  in  his  demeanor  when  he — the  accused — 
requested  an  account  of  the  moneys  he  had,  as 
agent  for  Martin  Guerre,  administered  in  his  ab- 
sence. His  uncle  had  even  attempted  his  life,  and 
it  was  only  through  the  energetic  interposition  of 
his  wife  that  he  had  been  protected  from  mortal  in- 
jury- 

In  the  severe  interrogatory  to  which  he  was  sub- 
jected, he  replied  without  hesitation  and  with  un- 
failing accuracy  to  every  question  of  family  history  ; 
naming  the  time  and  the  place  of  the  birth  of  Mar- 
tin Guerre,  his  father,  mother,  brothers,  and  sis- 
ters, and  even  more  distant  relations ;  the  day, 
month,  and  year  of  his  own  marriage  ;  the  parties 
present,  or  otherwise  associated  with  the  marriage  ; 
the  dresses  of  the  guests,  and  a  multitude  of  special 
incidents  which  occurred  on  that  and  the  preceding 
day.     He  spoke  of  Sanxi,  his  little  son.  and  next 


CIRC  UMS  TANTIAL    £  VIDENCE.  2  S3 

his  departure,  journeyings,  the  cities  he  had  visited 
in  France  and  Spain,  and  the  acquaintance  he  had 
made  there  ;  furnishing  the  names  and  addresses 
of  those  who  could  most  readily  confirm  his  narra- 
tive ;  and  unquestionably  leaving  a  very  strong 
impression  in  his  favor  on  the  minds  of  his  hearers. 

The  testimony  of  his  wife  Bertrande  corroborated 
all  the  statements  of  the  accused,  so  far  as  they 
came  within  her  knowledge  ;  but  she  positively  de- 
nied his  identity  with  her  husband. 

The  court  now  ordered  that  an  inquiry  should 
be  instituted  into  the  conduct  of  Bertrande  during 
the  absence  of  her  husband,  and  into  the  character 
and  repute  of  the  witnesses  wiio  so  persistently 
pursued  the  accusation.  The  result  was  satis- 
factory. 

On  the  resumption  of  the  trial  there  were  sum- 
moned no  less  than  one  hundred  and  fifty  wit- 
nesses. Of  these,  forty  declared  on  oath  that  the 
accused  was  unquestionably  the  long-missing  Mar- 
tin G-uerre  They  had  been  his  intimate  compan- 
ions in  his  boyhood  and  youth,  and  their  convic- 
tion was  strengthened  by  the  recollection  of  certain 
marks  or  scars,  which  time  had  not  effaced. 

On  the  other  hand,  a  great  body  of  witnesses  as 
positively  declared  that  the  accused  was  not  Guerre, 


284  FAMOUS    CASES    OF 

but  one  Arnaud  du  Tilh,  called  "Pansette,"  with 
whom  some,  at  least,  among  them  had  been  ac- 
quainted from  the  cradle.  The  remaining  witnesses, 
sixty  in  number,  affirmed  that  so  close  was  the 
resemblance  they  dared  not  pronounce  an  opinion. 

The  court  now  ordered  that  young  Sanxi  Guerre 
should  be  produced  and  compared  with  his  alleged 
father.  A  formal  report  declared  that  there  ex- 
isted no  resemblance  ;  a  second  report  averred 
that,  on  being  compared  with  the  sisters  of  Guerre, 
the  boy's  face  exhibited  an  unmistakable  likeness. 

Greatly  to  the  public  surprise,  the  process  re- 
sulted in  the  conviction  of  the  accused.  As  Ar- 
naud du  Tilh,  he  was  pronounced  guilty  of  the 
alleged  otfense,  and  sentenced  to  decapitation.  Ap- 
peal being  made  on  his  behalf  to  the  parliament 
of  Toulouse,  the  higher  court  decided  that  the 
matter  had  been  insufficiently  weighed,  decreed  a 
new  trial,  and  ordered  that  Pierre  Guerre  and 
Bertrande  should  be  successively  confronted  with 
the  accused. 

The  confrontation,  however,  produced  nothing, 
though  it  is  recorded  that  the  bearing  of  the  ac- 
cused, calm  and  confident,  contrasted  favorably  with 
the  downcast  looks  of  his  opponents. 

Thirty  new  witnesses    now   appeared   upon    the 


CIRCUMSTANTIAL     EVIDENCE.  285 

scene.  Of  these,  ten  declared  him  to  be  the  true 
Martin  Guerre,  seven  or  eight  decided  in  favor  of 
Arnaud  du  Tilh,  and  the  remainder  refused  defin- 
itely to  give  any  opinion  on  the  matter. 

On  summing  up  the  testimony,  it  resulted  that 
forty -five  witnesses  declared  the  accused  to  be  no 
Martin  Guerre,  but  Arnaud  du  Tilh.  Among  these 
were  several  who  had  passed  years  in  the  latter' s 
company,  while  the  character  of  these  deponents 
sufficed  to  p]ace  their  evidence  beyond  suspicion. 

The  principal  witness  was  maternal  uncle  of  Du 
Tilh,  one  Carbon  Bareau,  who  at  once  recognized 
his  nephew,  and  seeing  him  in  fetters,  burst  into 
tears  at  witnessing  the  disgrace  he  had  brought 
upon  the  family.  Other  witnesses  had  been  pres- 
ent when  Arnaud  du  Tilh  had  executed  certain 
deeds,  &c,  and  these  instruments  were  produced 
in  corroboration. 

All  of  them  agreed  in  describing  Martin  Guerre 
as  taller  and  darker  than  the  accused,  slender  in 
body  and  limb,  round  -  shouldered,  with  a  high, 
divided  chin,  pendent  lower  lip,  and  squat  (camns) 
nose,  having  the  trace  of  an  ulcer  on  one  cheek, 
and  a  scar  on  the  right  eyebrow.  JS"ow,  Arnaud, 
the  accused,  was  short  and  stout,  having  neither 
humpy  shoulders  nor  squat  nose.     It  was  singulai 


286  FAMOUS    CASES    OF 

enough,  however,  that  both  the  marks  referred  to 
as  indicative  of  Martin  Guerre  were  perceptible  in 
the  face  of  Arnaud. 

The  shoemaker  of  Martin  Guerre  deposed  that 
the  dimensions  of  his  foot  exceeded  by  one  quar- 
ter that  of  the  accused.  Another  witness  alleged 
that  Guerre  was  a  skillful  swordsman  and  wrestler. 
The  accused  was  a  novice  in  either  art.  Jean  Es- 
pagnol,  of  Tonges,  swore  that  the  prisoner  had  re- 
vealed himself  to  him  as  Arnaud,  but  enjoining 
secrecy,  and  declaring  that  Martin  Guerre  had 
made  over  to  him  the  whole  of  his  possessions. 
Pelegrin  de  Liberos  deposed  that  the  accused  had 
given  him  two  handkerchiefs,  to  be  delivered  to 
Jean  du  Tilh,  liis  brother. 

Two  other  witnesses  declared  that  a  soldier  from 
Rochefort,  passing  through  Artigues,  and  hearing 
the  accused  called  Martin  Guerre,  denounced  him 
as  an  impostor ;  he  himself  having  lately  known 
the  real  Martin  in  Flanders,  where  he  had  lost  a 
leg  at  the  battle  of  St.  Laurent,  before  St.  Quen- 
tin.  It  is  indicative  of  the  wife's  good  faith  in 
the  process,  that  she  had,  through  great  difficul- 
ties, obtained  a  legal  verification  of  the  soldier's 
testimony. 

Finally,  numerous  persons  declared  that  Arnaud 


CIRCUMSTANTIAL     EVIDENCE.  287 

du  Tilh  had  from  boyhood  been  a  mauvais  sujet 
of  the  worst  description  ;  a  drunkard,  a  swearer, 
an  atheist  and  blasphemer  ;  a  man,  in  short, 
''quoted  and  signed  to  do  a  deed  of  shame"  such 
as  that  now  imputed  to  him. 

Such  was  the  formidable  case  set  up  against  the 
"claimant."     Let  us  now  hear  his  answer. 

Nearly  forty  credible  witnesses  asserted  that  he 
was  actually  Martin  Gkierre,  whom  the  greater  part 
had  known  from  infancy.  Among  these  were  his 
four  sisters,  with  the  husbands  of  two  of  the  latter. 
Friends  who  had  been  present  at  his  marriage  with 
Bertrande  de  Rols  confirmed  their  testimony  ;  and 
the  housekeeper  who,  on  the  nuptial  night,  bore  to 
the  new-married  pair  the  little  collation,  called  in 
courtly  circles  media  noche,  among  burgesses  re- 
bellion, positively  identified  the  accused  as  the 
bridegroom. 

A  great  number  of  witnesses  averred  that  Mar- 
tin Guerre  had  two  teeth  in  the  left  lower  jaw 
broken,  a  drop  of  extravasated  blood  in  the  left 
eye,  the  nail  of  the  left  forefinger  missing,  and 
three  warts  on  the  left  hand,  one  being  on  the 
little  finger.  All  these  peculiarities  existed  in  the 
accused. 

It  was,    moreover,  proved  that  the  prisoner,  on 


288  FAMOUS    CASES    OF 

arriving  at  Artigues,  recognized  and  saluted  as  old 
friends  all  those  who  bad  been  intimate  with 
Guerre  ;  that  in  conversation  with  his  wife  he  re- 
called to  her  memory  incidents  which  could  have 
been  only  known  to  herself  and  husband  ;  and  it 
was  stated,  by  way  of  illustration,  that  Madame 
Guerre  having  mentioned  that  she  had  preserved 
certain  chests  unopened,  he  desired  her  to  fetch 
from  one  of  them  a  pair  of  white  pantaloons  folded 
in  taffeta.  The  garment  wTas  found  as  he  had  de- 
scribed. 

With  regard  to  the  dissimilarity  in  appearance 
between  the  men,  it  was  urged  that  a  very  con- 
siderable change  must  of  necessity  have  occurred 
in  Martin  Guerre  ;  nor  was  there  anything  remark- 
able in  the  slender  stripling  returning,  after  so  long 
an  absence,  a  stout  and  sturdy  man  ;  an  alteration 
which,  to  the  eye,  would  naturally  diminish  his 
stature, 

The  want  of  resemblance  between  Sanxi  Guerre 
and  the  accused  was  pronounced  to  be  of  little 
value.  How  many  sons  might  not  be  classed  in 
the  same  category  %  The  report  of  the  soldier  from 
Rochefort,  being  but  mere  hearsay,  could  not  be 
accepted,  the  law  expressly  refusing  credence  to 
such  testimonv. 


CIRCUMSTANTIAL     EVIDENCE.  289 

The  indifferent  character  attributed  to  Arnaud 
du  Tilh  could  not  affect  the  accused,  who  claimed 
to  be  another  man,  Martin  Guerre  ;  and  it  was  at 
least  in  evidence  that  his  course  of  life  during  the 
four  years  that  had  elapsed  since  his  return  had 
been  without  reproach. 

Lastly,  the  marvelous  accuracy  with  which  the 
accused  assumed  and  maintained  the  character  he 
claimed,  transcended,  his  supporters  alleged,  hu- 
man ingenuity.  His  acquaintance  with  dates,  in- 
cidents, conversations,  &c,  &c,  in  the  actual  life 
of  Guerre,  was  as  inexhaustible  as  it  was  shown, 
by  irrefragible  testimony,  to  be  correct. 

Such  was  the  conflict  of  reason  and  of  evidence 
with  which  the  judges  of  Toulouse  were  called 
upon  to  deal.  Ail  sources  of  information  seemed 
to  be  now  fairly  exhausted.  It  was  necessary  to 
arrive  at  some  conclusion  ;  and  the  court  were  upon 
the  very  point  of  pronouncing  the  accused  to  be 
Martin  Guerre,  when  there  occurred  an  event  so 
unexpected,  so  singularly  timed,  and  so  decisive, 
that  the  spectators  may  be  excused  for  regarding 
it  as  a  direct  interposition  of  Heaven  to  overrule 
man's  erring  judgment,  and  avert  a  cruel  wrong. 
The  veritable  husband  —  Martin  Guerre  —  suddenly 
stumped   into   court,    on   the  wooden   leg    described 

19 


apo  FAMOUS     CASES     OF 

by  the  Rochefort  witness,  and  demanded  to  be 
heard. 

Arrested  and  interrogated,  he  denounced  the  im- 
postor— whose  history  he  gave  in  detail — and  de- 
manded to  be  confronted  with  him  It  was  done  ; 
and  a  singular  scene  ensued.  The  accused --Ar- 
naud  du  Tilh  —  in  his  turn  denounced  the  rival 
husband,  boldly  declaring  that  he  was  willing  to 
be  condemned  if  he  did  not  on  the  spot  convict 
the  latter  of  fraud  and  machination. 

Maintaining  the  same  arrogant  tone,  he  then  pro- 
ceeded to  cross  -  examine  the  other  as  to  certain 
domestic  incidents  which  ought  to  be  within  his 
knowledge.  The  answers  were  delivered  with  hes- 
itation ;  and  the  impostor,  if  such  he  were,  cer- 
tainly displayed  a  more  intimate  acquaintance  with 
Martin  Guerre' s  domestic  history  than  did  that 
gentleman  himself. 

On  examining  the  peculiar  marks  deposed  to  by 
the  witnesses  on  the  part  of  Guerre,  these  were 
found  duly  existing  in  the  newly  arrived  man,  al- 
though less  apparent  than  in  the  other. 

The  first  claimant  was  now  withdrawn,  and  the 
second  —  he  of  the  wooden  leg  —  underwent  a  close 
interrogatory  touching  many  domestic  particulars 
which  had  not  hitherto  been  submitted  to  either. 


CIRCUMSTANTIAL     EVIDENCE.  291 

To  these  he  replied  with  unfailing  accuracy. 
But    once    more   justice  was  at  fault ;    for    Martin 

erre  the  second,  interrogated  in  his  turn,  re- 
plied with  the  like  precision. 

In  despair  the  court  now  directed  that  the  four 
sisters,  the  two  brothers-in-law,  and  uncle  of  Mar- 
tin Guerre,  the  brothers  of  Arnand  du  Tilh,  and 
the  chief  witnesses  who  asserted  the  latter  to  be 
Guerre,  should  appear  together,  and  decide,  once 
for  all,  which  was  the  real  man. 

All  obeyed  excepting  the  brothers  of  Du  Tilh, 
whom  the  court,  with  a  consideration  at  that  pe- 
riod somewhat  rare,  forbore  to  compel  to  give  tes- 
timony which  would  probably  affect  the  life  of 
their  relative. 

The  eldest  sister  of  Guerre,  who  entered  first, 
praised  for  an  instant  as  if  thunder-stricken  ;  then, 
bursting  into  tears,  fell  on  Martin's  breast,  and 
acknowledged  him  to  be  her  brother.  The  rest 
followed  suit  :  the  witnesses  hitherto  most  inflex- 
ibly against  him  passing  one  by  one  into  the  same 
view. 

Last  of  all  came  Bertrande  de  Rols.  No  sooner 
had  her  eyes  lit  upon  Guerre  than,  weeping  and 
trembling,  she  threw  herself  at  his  feet  —  foot, 
rather  —  entreating  pardon   for  having  suffered  her- 


29  2  FAMOUS    CASES     OF 

self  to  be  betrayed  by  artifice  into  so  great  a 
fault.  She  laid  part  of  the  blame  upon  her  sis- 
ters-in-law, who  had  so  readily  accepted  the  im- 
posture, but  more  upon  her  own  warm  love  for 
her  absent  husband,  and  that  eager  longing  for  his 
actual  return  which  had  contributed  to  the  self- 
deceit.  She  averred  that  no  sooner  had  she  be- 
come conscious  of  her  error  than,  but  for  the 
dread  of  God's  anger,  she  would  have  concealed 
her  grief  and  dishonor  in  the  grave.  In  place  of 
this  she  determined  on  revenge,  and,  as  all  the 
world  knew,  had  pursued  to  the  death  the  de- 
stroyer of  her  fame  and  peace. 

The  woman's  natural  manner,  her  beauty  and 
her  tears,  sensibly  affected  the  whole  auditory,  save 
only  Martin  Guerre  himself.  The  stern  reasoner 
declined  to  be  moved  by  her  passionate  and  soul- 
stirring  words. 

"Dry  your  tears,  madam,"  he  said,  coldly. 
"They  cannot  and  they  ought  not  to  move  my 
pity.  The  example  of  my  sisters  and  uncle  can  be 
no  excuse  for  you.  A  wife  must  know  her  hus- 
band better  than  the  very  closest  connections,  and 
such  an  error  as  yours  can  only  be  made  by  one 
willfully  blind.  You — you  alone  —  are  answerable 
for  what  has  befallen  me." 

i 


CIRCUMSTANTIAL     EVIDENCE.  293 

The  judges  in  vain  attempted  to  soften  the 
man's  bitterness. 

The  records  of  this  most  extraordinary  case  do 
not  describe  what  was  the  demeanor  of  the  con- 
victed impostor  at  the  moment  of  discovery. 

The  court  decreed  that  Arnaud  du  Tilh,  called 
"  Pansette,"  had  been  convicted  of  the  several 
crimes  of  imposture,  falsehood,  substitution  of  name 
and  person,  adultery,  rape,  sacrilege,  detention 
{■plagiat},*  and  larceny,  and  condemned  him  to 
do  penance  before  the  church  of  Artigues,  on  his 
knees,  in  his  shirt,  with  head  and  feet  bare,  a 
halter  round  his  neck,  and  a  burning  taper  in  his 
hand,  asking  pardon  of  God  and  the  king,  Mar- 
tin Guerre,  and  Bertrande  de  Rols,  his  wife  ;  thai 
he  should  then  be  handed  over  to  the  common 
executioner,  who  should  conduct  him  through  the 
most  public  ways  to  the  house  of  Martin  Guerre, 
in  front  of  which,  upon  a  scaffold  purposely  pre- 
pared, he  should  be  executed  by  hanging,  and  his 
body  burned.  All  his  effects  were  forfeited  to 
the  crown.  The  decree  bears  date  September  12th, 
1560. 

While    under    condemnation    in    the    prison    at 

*  Holding    possession    of    a   person  who    properly    belongs    <g 
«  '.other. 


294  FAMOUS     CASES     OF 

Artigues,  Arnaud  made  a  full  confession,  declaring 
that  the  imposture  had  first  suggested  itself  tu 
him  on  his  being  mistaken  by  intimate  friends  of 
Martin  Gruerre  for  that  individual  himself.  From 
them  and  others  he  gleaned  all  necessary  particu- 
lars of  the  past  life  and  ways  of  the  man  he  pro 
Dosed  to  personate. 


XL. 

CASE    OF    AN    APPRENTICE. 

In  the  year  1723,  a  young  man  who  was  serv- 
ing his  apprenticeship  in  London  to  a  master 
sailmaker,  got  leave  to  visit  his  mother,  to  spend 
the  Christmas  holidays.  She  lived  a  few  miles 
beyond  Deal,  in  Kent.  He  walked  the  journey, 
and  on  his  arrival  at  Deal,  in  the  evening,  beine 
much  fatigued,  and  also  troubled  with  a  bowel 
complaint,  he  applied  to  the  landlady  of  a  public 
house,  who  was  acquainted  with  his  mother,  for  a 
night's  lodging.  Her  house  was  full,  and  every 
bed  occupied  ;  but  she  told  him  that  if  he  would 
ftleep  with  her  uncle,  who  had  lately  come  ashore, 

rid  was   boatswain    of  an    Indiaman,  he  should  b 

1 


296  FAMOUS     CASES     OF 

welcome.  He  was  glad  to  accept  the  offer,  and 
after  spending  the  evening  with  his  new  comrade, 
they  retired  to  rest.  In  the  middle  of  the  night 
he  was  attacked  with  his  complaint,  and  wakening 
his  bedfellow,  he  asked  him  the  way  to  the  gar- 
den. The  boatswain  told  him  to  go  through  the 
kitchen ;  but,  as  he  would  find  it  difficult  to  open 
the  door  into  the  yard,  the  latch  being  out  of 
order,  he  desired  him  to  take  a  knife  out  of  his 
pocket,  with  which  he  could  raise  the  latch.  The 
young  man  did  as  he  was  directed,  and  after  re- 
maining near  half  an  hour  in  the  yard,  he  returned 
to  his  bed,  but  was  much  surprised  to  find  his 
companion  had  risen  and  gone.  Being  impatient 
to  visit  his  mother  and  friends,  he  also  arose  be- 
fore day,  and  pursued  his  journey,  and  arrived 
home  at  noon. 

The  landlady,  who  had  been  told  of  his  intention 
to  depart  early,  was  not  surprised ;  but  not  seeing 
her  uncle  in  the  morning,  she  went  to  call  him. 
She  was  dreadfully  shocked  to  find  the  bed  stained 
with  blood,  and  every  inquiry  after  her  uncle  was 
in  vain.  The  alarm  now  became  general,  and  on 
further  examination,  marks  of  blood  were  traced 
from  the  bedroom  into  the  street,  and  at  intervals, 
down   to  the  edge  of  the  pier-head.      Rumor  was 


CIRCUMSTANTIAL    EVIDENCE.  297 


immediately  busy,  and  suspicion  fell,  of  course,  on 
the  young  man  who  slept  with  him,  that  he  had 
committed  the  murder,  and  thrown  the  body  over 
the  pier  into  the  sea.  A  warrant  was  issued 
against  him,  and  he  was  taken  that  evening  at  his 
mother's  house.  On  his  being  examined  and 
searched,  marks  of  blood  were  discovered  on  his 
shirt  and  trousers,  and  in  his  pocket  were  a  knife 
and  a  remarkable  silver  coin,  both  of  which  the 
landlady  swore  positively  were  her  uncle's  property, 
and  that  she  saw  them  in  his  possession  on  the 
evening  he  retired  to  rest  with  the  young  man. 
On  these  strong  circumstances  the  unfortunate 
youth  was  found  guilty.  He  related  all  the  above 
circumstances  in  his  defence  ;  but  as  he  could  not 
account  for  the  marks  of  blood  on  his  person,  un- 
less that  he  got  them  when  he  returned  to  the 
bed,  nor  for  the  silver  coin  being  in  his  possession, 
his  story  was  not  credited.  The  certainty  of  the 
boatswain's  disappearance,  and  the  blood  at  the 
pier,  traced  from  his  bedroom,  were  two  evident 
signs  of  his  being  murdered ;  and  even  the  judge 
was  so  convinced  of  his  guilt,  that  he  ordered  the 
execution  to  take  place  in  three  days.  At  the 
fatal  tree  the  youth  declared  his  nnocence,  and 
persisted  in  it    with   such  affecting   asseverations, 


298  FAMOUS     CASES    OF 

that  man)-    pitied  him,   though  none  doubted    the 
justness  of  his  sentence. 

The  executioners  of  those  days  were  not  so 
expert  at  their  trade  as  modern  ones,  nor  were 
drops  and  platforms  invented.  The  young  man 
was  very  tall  ;  his  feet  sometimes  touched  the 
ground,  and  some  of  his  friends  who  surrounded 
the  gallows  contrived  to  give  the  body  some  sup- 
port as  it  was  suspended.  After  being  cut  down, 
those  friends  bore  it  speedily  away  in  a  coffin,  and 
in  the  course  of  a  few  hours  animation  was  restored, 
and  the  innocent  saved.  When  he  was  able  to 
move,  his  friends  insisted  on  his  quitting  the  coun- 
try and  never  returning.  He  accordingly  travelled 
by  night  to  Portsmouth,  where  he  entered  on 
board  a  man-of-war,  on  the  point  of  sailing  for  a 
distant  part  of  the  world  ;  and  as  he  changed  his 
name,  and  disguised  his  person,  his  melancholy 
story  never  was  discovered.  After  a  few  years  of 
service,  during  which  his  exemplary  conduct  was 
the  cause  of  his  promotion  through  the  lower 
grades,  he  was  at  last  made  a  master's  mate,  and 
his  ship  being  paid  off  in  the  West  Indies,  he,  with  a 
few  more  of  the  crew,  were  transferred  to  another 
man-of-war,  which  had  just  arrived  short  of  hands 
from  a  different   station.      What  were   his   feelings 


CIRCUMSTANTIAL    EVIDENCE.  299 


of  astonishment,  and  then  of  delight  and  ecstasy, 
when  almost  the  first  person  he  saw  on  board  his 
new  ship  was  the  identical  boatswain  for  whose 
murder  he  had  been  tried,  condemned,  and  execu- 
ted, five  years  before !  Nor  was  the  surprise  of 
the  old  boatswain  much  less  when  he  heard  the 
story. 

An  explanation  of  all  the  mysterious  circum- 
stances then  took  place.  It  appeared  the  boatswain 
had  been  bled  for  a  pain  in  his  side  by  the  barber, 
unknown  to  his  niece,  on  the  day  of  the  young 
man's  arrival  at  Deal ;  that  when  the  young  man 
wakened  him,  and  retired  to  the  yard,  he  found 
the  bandage  had  come  off  his  arm  during  the  night, 
and  that  the  blood  was  flowing  afresh.  Being 
alarmed,  he  rose  to  go  to  the  barber,  who  lived 
across  the  street,  but  a  press-gang  laid  hold  of  him 
just  as  he  left  the  public  house.  They  hurried 
him  to  the  pier,  where  their  boat  was  waiting :  a 
few  minutes  brought  them  on  board  a  frigate,  then 
underway  for  the  East  Indies,  and  he  omitted  ever 
writing  home  to  account  for  his  sudden  disappear- 
ance. Thus  were  the  chief  circumstances  explained 
by  the  two  friends,  thus  strangely  met.  The  silver 
coin  being  found  in  the  possession  of  the  young 
man,   could   only  be   explained  by  the   conjecture, 


300  FAMOUS    CASES    OF 

that  when  the  boatswain  gave  him  the  knife  in  the 
dark,  it  is  probable  that  as  the  coin  was  in  the 
same  pocket,  it  stuck  between  the  blades  of  the 
knife,  and  in  this  manner  became  the  strongest 
proof  against  him. 


CIRCUMSTANTIAL   EVIDENCE.  30] 


XLI. 
CASE  OF  A  JEWELLER. 

A  jeweller,  possessed  of  a  good  character  and 
considerable  wealth,  having  occasion,  in  the  way 
of  his  business,  to  travel  a  considerable  distance 
from  the  place  of  his  abode,  took  with  him  a  ser- 
vant on  whose  honesty  he  thought  he  might  safely 
rely,  in  order  to  take  .  care  of  his  property,  and 
guard  his  person.  The  trader  also  carried  with 
him  a  considerable  sum  of  money,  and  an  assort- 
ment of  valuable  jewels,  to  the  possession  of  which 
large  property  the  servant  was  privy.  It  is  to  be 
supposed  it  was  the  temptation  thus  casually  pre- 
sented, which  operating  most  powerfully  on  an 
avaricious  mind,  that  induced  him  suddenly  to 
contemplate  the  murder  of  his  too  confiding 
master.  Watching  an  opportunity  in  a  lonely  place, 
he  drew  a  pistol  that  was  put  into  his  hands 
to  defend  his  unsuspecting  master,  and  shot  him 
from  behind  through  the  head :  the  murdered  man 


302 


FAMOUS     CASES     OF 


fell  from  his  horse,  and  expired  without  a  groan. 
The  wretch  then  rifled  his  person,  and  tying  a 
heavy  stone  round  the  neck  of  the  corpse,  and 
dragging  it  to  an  adjacent  water,  threw  it  in.  He 
then  made  off  to  a  part  of  England  where  he  sup- 
posed himself  and  his  master  were  alike  unknown. 
There  he  began  to  trade,  at  first  in  a  very  petty 
way,  that  his  obscurity  might  screen  him  from 
suspicion.  Assuming  the  appearance  of  a  thriving 
man  by  the  natural  result  of  a  successful  trade,  in 
the  course  of  years  he  became  a  man  of  wealth  and 
local  consequence,  and  married  a  young  woman  of 
respectable  fortune  and  connexions.  In  the  fur- 
ther progress  of  a  prosperous  career,  he  was 
chosen  common-councilman,  then  alderman,  and 
lastly,  mayor.  In  that  important  office  he  con- 
ducted himself  in  a  becoming  manner,  neither 
overstraining  the  laws  to  reach  offenders,  nor  re- 
laxino-  them  so  far  as  to  encourage  crime.  At  this 
period  a  case  occurred  of  so  peculiar  a  nature,  and 
so  exactly  analogous  to  his  own,  it  wholly  un- 
hinged his  mind,  and  led  to  his  sudden  debasement. 
Amongst  the  prisoners  tried  on  capital  charges 
was  a  servant- man  for  the  murder  of  this  very 
master  whom  the  mayor  had  murdered  many  years 
before.     The  evidence  was  apparently  complete, — 


CIRCUMSTANTIAL    EVIDENCE.  303 

the  jury  brought  in  a  verdict  of  guilty.  During  the 
course  of  this  trial  the  mayor  appeared  to  be  unusu- 
ally disordered;  he  turned  pale,  and  shook  in 
every  limb  as  the  circumstances  of  the  murder  were 
recited.  At  length,  before  the  recorder  pronounced 
sentence,  he  rose  from  his  seat,  threw  off  his  scar- 
let gown  as  mayor,  and  going  to  the  bar  or  dock 
where  the  prisoner  stood,  spake  thus  to  those  who 
had  sat  with  him  on  the  bench  : 

"  You  see  before  you,  gentlemen,  a  striking  in- 
stance of  the  just  awards  of  heaven.  This  day, 
after  thirty  years'  concealment,  presents  to  your 
eyes  the  real  criminal,  and  not  the  man  who  stands 
by  my  side." 

It  was  at  first  supposed  his  mind  was  suddenly 
disordered, — but,  coolly  and  deliberately,  to  the 
amazement  of  all  who  heard  him,  he  told  his  real 
name,  place  of  birth,  his  various  servitudes  till 
engaged  by  Mr.  ,  the  jeweller;  the  tempta- 
tion that  assailed  him ;  the  murder,  robbery,  and 
disposal  of  his  master's  body,  aggravating  the  in- 
gratitude and  cruelty  of  his  conduct  in  murdering 
a  man  who  had  raised  him  from  poverty  and 
misery,  and  reposed  unlimited  confidence  in  him. 
He  explained  the  artful  manner  in  which  he  had 
hitherto  eluded  justice:    "  But,"  said  he,  "the  mo- 


304  FAMOUS    CASES    OF 

ment  this  unhappy  prisoner  appeared  before  me; 
charged  with  the  very  same  crime,  conscience  set 
before  my  eyes  such  a  picture  of  my  former  guilt, 
and  I  became  so  conscious  of  my  crime,  I  could  not 
consent,  by  any  further  concealment,  to  pass  sen- 
tence against  a  fellow-creature  wholly  innocent  of 
the  crime.  I  have,  therefore,  for  his  safety,  ac- 
cused myself;  nor  can  I  feel  any  relief  from  the 
tortures  of  an  awakened  conscience,  but  by  re- 
quiring that  this  man  may  be  discharged,  and  pro- 
ceedings be  instituted  against  myself  instead." 

The  magistrates  found  themselves  bound  to 
commit  him  to  prison  ;  and  in  the  due  course  01 
law  he  was  convicted  and  executed. 


CIRCUMS  TANTIA  L     E  VIDENCE.  305 


XLII. 

CASE  OF  A  FARMER. 

Many  years  since,  a  farmer  who  resided  near 
Southam  in  the  county  of  Warwick,  was  murdered 
on  his  return  from  the  market  held  in  that  place. 
The  next  morning  a  man  went  to  his  anxious  wife, 
and  asked  her  if  her  husband  had  come  home  the 
preceding  night.  Full  of  terror,  she  answered  in  the 
negative,  and  expressed  the  most  lively  fears  as  to 
the  cause  of  his  absence.  "  Your  alarm,"  said  the 
visitor,  "  cannot  equal  mine.  Last  night,  as  I  lay 
in  bed,  quite  awake,  the  ghost  of  your  husband 
appeared  to  me,  pointed  to  several  ghastly  stabs  in 
his  body,  told  me  he  had  been  murdered  by  *  *  *, 
(naming  the  individual,)  and  his  carcase  thrown 
into  a  marl-pit."  The  poor  woman  believed  all  he 
said, — the  pit  was  searched,  the  body  was  found, 
the  denounced  person  was  apprehended,  committed 
for  trial,  and  tried  at  the  ensuing  assizes  held  at 
Warwick.     The  Lord  Chief- Justice  Raymond  pre- 


7o6  FAMOUS    CASES    OF 


sided :  the  same  individual  appeared  as  prosecutor, 
and  an  ignorant,  credulous  jury,  would  have  found 
the  prisoner  guilty  upon  such  vague  evidence,  just 
as  rashly  as  the  justice  of  peace  had  committed 
him,  if  the  Judge  had  not  checked  them;  who 
addressed  the  jury  in  these  words  :  "  I  think,  gen- 
tlemen, you  seem  inclined  to  lay  more  stress  on 
the  supposed  evidence  of  an  apparition  than  it  will 
bear.  I  cannot  say  I  give  much  credit  to  these 
kind  of  stories ;  but  be  that  as  it  may,  we  have  no 
right  to  follow  our  private  opinions  here.  We  are 
now  in  a  court  of  law,  and  according  to  law  we 
must  proceed  ;  and  I  know  not  of  any  law  that 
requires  us  to  give  credit  to  the  evidence  of  appari- 
tions ;  nor  yet,  if  it  did,  doth  the  ghost  appear  to 
give  evidence.  Crier,"  said  the  judge,  "call  in  the 
ghost !" — The  crier  called  the  ghost  by  the  name 
of  the  deceased  three  times,  but  to  no  purpose. 
"Gentlemen  of  the  jury,"  continued  the  judge,  "the 
prisoner  at  the  bar,  as  you  have  heard  by  undenia- 
ble witnesses,  is  a  man  of  the  most  unblemished 
character.  It  has  not  appeared  in  the  course  of 
this  trial,  or  the  preceding  examinations,  that  there 
was  any  quarrel  or  private  grudge  between  him  and 
the  deceased.  I  do  believe  him  to  be  perfectly 
innocent;   and  as  there  is  no  evidence  against  him. 


CIRCUMSTANTIAL    EVIDENCE.  307 

either  positive  or  circumstantial,  he  must  be  acquit- 
ted. But  from  many  circumstances  which  have 
arisen  during  the  trial,  I  do  strongly  suspect  that 
the  person  who  said  he  had  seen  the  apparition 
was  himself  the  murderer ;  in  which  case  he  might 
easily  ascertain  the  pit,  the  stabs,  &c,  without  any 
supernatural  assistance.  Upon  such  grounds  of 
suspicion,  I  think  myself  justified  in  committing 
him  to  close  confinement  till  the  matter  can  be  fur- 
ther inquired  into."  The  wretch  turned  pale,  and 
trembled  as  the  judge  directed  his  looks  towards 
him.  He  was  instantly  seized,  and  the  innocent 
prisoner  released.  The  premises  of  the  '  ghost- 
seer  '  were  immediately  searched  ;  property  belong- 
ing to  the  deceased  was  found  and  identified  ;  and 
such  other  strong  proofs  were  forthcoming,  that  he 
confessed  his  guilt,  was  tried,  and  executed  at  the 
following  assizes. 


308  FAMOUS    CASES    OF 


XLIIL 

CASE    OF    AN   INNKEEPER. 

About  a  century  since,  an  innkeeper  residing  in 
Oxford,  not  far  from  St.  Aid's  Bridge,  leading  to 
Abingdon,  had  a  gentleman  call  at  his  house,  who 
was  known  to  be  very  rich,  and  to  have,  at  that 
time,  a  bag  of  gold  coin  in  his  travelling-bags  or 
portmanteau.  About  midnight  the  wretch  went 
with  a  dark  lantern  and  a  sharp  knife  into  his  bed- 
room, and  creeping  softly  towards  the  bed,  was 
struck  with  horror  and  dismay  at  seeing  the  blood 
pouring  from  his  throat,  and  the  gentleman  writh- 
ing in  the  agonies  of  death  ;  and  on  looking  at  his 
saddle-bags,  he  saw  they  were  open  !  Just  as  the 
disappointed  and  terrified  villain  was  retiring,  two 
persons,  armed  with  swords  and  pistols,  rushed 
into  the  room,  having  been  alarmed  by  the  groans 
of  the  murdered  man,  and  the  noise  made  by  the 
murderer.  Seeing  the  landlord  in  that  plight,  they 
instantly    seized    him;   and    although    none  of  the 


CIRCUMSTANTIAL    EVIDENCE.  309 

property  was  found  upon  his  person,  nor  were  his 
knife  or  hands  bloody,  he  was  condemned  to  be 
hung  and  gibbeted.  Some  years  later,  the  person 
who  had  anticipated  the  murderous  intentions  of 
this  villain  was  condemned  to  die  on  the  gallows 
for  another  horrid  crime,  and  prior  to  his  death  he 
made  a  full  and  circumstantial  confession  of  having 
concealed  himself  in  the  inn,  knowing  this  gentle- 
man would  be  there ;  and  that  he  cut  his  throat 
whilst  he  was  asleep,  and  carried  off  the  bag  of 
gold.  And  thus,  by  an  extraordinary  chance,  both 
those  wretches  died  upon  the  gallows  ;  but  though 
guilty  as  far  as  intention  went,  yet  the  innkeeper, 
in  the  eye  of  the  law,  was  innocent,  and  conse- 
quently juridically  murdered  on  the  strength  of 
circumstantial  evidence. 


3io  FAMOUS    CASES    OF 


XLIV. 

CASE  OF  A  GERMAN  VIOLIN-MAKER. 

A  German  violin-maker,  in  London,  intending 
to  return  home,  had  bought  his  wife  a  silver  coffee- 
pot, which  was  left  standing  on  the  table  in  his 
chamber.  Some  one  knocked  at  the  door,  and  two 
Jews  entered.  One  bespoke  a  violin ;  the  other, 
while  he  was  conversing,  snatched  up  the  coffee- 
pot, and  ran.  The  German  looked  round,  and 
missed  the  coffee-pot,  but  the  other  Jew  said  to 
him,  "Do  not  be  uneasy,  my  friend;  go  with  me, 
and  I  will  make  my  comrade  give  you  back  your 
coffee-pot.  It  is  only  some  trick ;  he  is  a  mad-head- 
ed fellow.  "  The  poor  German  went  with  the  Jew, 
who  brought  him  into  a  chamber,  where  were 
four  other  Jews,  and  his  coffee-pot  on  the  table. 
He  took  it,  and  said,  "  God  be  praised,  I  have 
found  it  once  more."  The  Jews  answered  not  a 
word  ;  and  the  German  returned  home  with  the 
coffee-pot.    Forthwith  went  the  five  Israelites  to  the 


CIRCUMS  TANTIA  L    E  VIDENCE.  3  1  r 

justice,  and  swore  that  the  German  had  entered 
their  chamber  and  stole  thereout  a  silver  coffee-pot. 
A  constable  attended  them  to  the  German's  house. 
The  Jew  said,  "  That  is  my  coffee-pot."  "  Yes, 
that  is  yours,"  say  the  others.  The  German  was 
taken  into  custody,  and  being  destitute  of  wit- 
nesses, was  hung  upon  the  evidence  of  the  five  Jews. 


312  FAMOUS     CASES     OF 


XLV. 

CASE  OF  THE  ARMSTRONGS. 

About  the  commencement  of  the  present  cen- 
tury there  stood  near  the  centre  of  a  rather 
extensive  hamlet,  not  many  miles  distant  from  a 
northern  seaport  town,  a  large,  substantially-built, 
but  somewhat  straggling  building,  known  as  Craig 
Farm  (popularly  Crook  Farm)  House.  The  farm 
consisted  of  about  one  hundred  acres  of  tolerable 
arable  and  meadow  land;  and  belonged  to  a  farmer 
of  the  name  of  Armstrong.  He  had  purchased  it 
about  three  years  previously,  at  a  sale  held  in  pur- 
suance of  a  decree  of  the  High  Court  of  Chancery, 
for  the  purpose  of  liquidating  certain  costs  incurred 
in  the  suit  of  Craig  verstis  Craig,  which  the  said 
high  court  had  nursed  so  long  and  successfully,  as 
to  enable  the  solicitor  to  the  victorious  claimant  to 
incarcerate  his  triumphant  client  for  several  years  in 
the  Fleet,  in  "  satisfaction  "  of  the  charges  of  victory 
remaining  due  after  the  proceeds  of  the  sale  of  Craig 


CIRCUMSTANTIAL    E  VIDENCE.  3 1 3 

Farm  had  been  deducted  from  the  gross  total. 
Farmer  Armstrong  was  married,  but  childless ;  his 
dame,  like  himself,  was  a  native  of  Devonshire. 
They  bore  the  character  of  a  plodding,  taciturn, 
morose-mannered  couple  ;  seldom  leaving  the  farm 
except  to  attend  market,  and  rarely  seen  at  church 
or  chapel;  they  naturally  enough  became  objects 
of  suspicion  and  dislike  to  the  prying,  gossipping 
villagers,  to  whom  mystery  or  reserve  of  any  kind 
was  of  course  exceedingly  annoying  and  unpleas- 
ant. 

Soon  after  Armstrong  was  settled  in  his  new 
purchase,  another  stranger  arrived,  and  took  up 
his  abode  in    the   best    apartments    of  the   house. 

The  new-comer,  a  man  of  about  fifty  years  of 
age,  and  evidently,  from  his  dress  and  gait,  a  sea- 
faring person,  was  as  reserved  and  unsocial  as  his 
landlord.  His  name,  or  at  least  that  which  he 
chose  to  be  known  by,  was  Wilson.  He  had  one 
child,  a  daughter,  about  thirteen  years  of  age,  whom 
he  placed  at  a  boarding-school  in  the  adjacent 
town.  He  seldom  saw  her  ;  the  intercourse  be- 
tween the  father  and  daughter  being  principally 
carried  on  through  Mary  Strugnell,  a  widow  of 
about  thirty  years  of  age,  and  a  native  of  the  place. 
She    was    engaged    as    a  servant  to  Mr.  Wilson, 


314  FAMOUS    CASES     OF 


and  seldom  left  Craig  Farm  except  on  Sunday  af- 
ternoons, when,  if  the  weather  was  at  all  favorable, 
she  paid  a  visit  to  an  aunt  living  in  the  town  ; 
there  saw  Miss  Wilson  ;  and  returned  home  usually 
at  half-past  ten  o'clock — later,  rather  than  earlier. 
Armstrong  Avas  occasionally  absent  from  his  home 
for  several  days  together,  on  business,  it  was 
rumored,  for  Wilson  ;  and  on  the  Sunday  in  the 
first  week  of  January,  1802,  both  he  and  his  wife 
had  been  away  for  upwards  of  a  week,  and  were 
not  yet  returned. 

About  a  quarter  past  ten  o'clock  on  that  even- 
ing, the  early-retiring  inhabitants  of  the  hamlet 
were  roused  from  their  slumbers  by  a  loud  and 
continuous  knocking  at  the  front  door  of  Arm- 
strong's house  ;  louder  and  louder,  more  and  more 
vehement  and  impatient,  resounded  the  blows  upon 
the  stillness  of  the  night,  till  the  soundest  sleepers 
were  awakened.  Windows  were  hastily  thrown 
open,  and  presently  numerous  footsteps  approached 
the  scene  of  growing  hubbub.  The  unwonted 
noise  was  caused,  it  was  found,  by  Farmer  Arm- 
strong, who,  accompanied  by  his  wife,  was  thunder- 
ing vehemently  upon  the  door  with  a  heavy  black- 
thorn stick.  Still  no  answer  was  obtained.  Mrs. 
Strugnell,  it  was  supposed,  had  not  returned  from 


CIRCUMSTANTIAL    EVIDENCE.  315 

town  :  but  where  was  Mr.  Wilson,  who  was  almost 
always  at  home  both  day  and  night  ?  Presently  a 
lad  called  out  that  a  white  sheet  or  cloth  of  some 
sort  was  hanging"  out  of  one  of  the  back  windows. 
This  announcement,  confirming  the  vague  appre- 
hensions which  had  begun  to  germinate  in  the  wise 
heads  of  the  villagers,  disposed  them  to  adopt  a 
more  effectual  mode  of  obtaining  admission  than 
knocking  seemed  likely  to  prove.  Johnson,  the 
constable  of  the  parish,  a  man  of  great  shrewdness, 
at  once  proposed  to  break  in  the  door.  Arm- 
strong, who,  as  well  as  his  wife,  was  deadly  pale, 
and  trembling  violently,  either  from  cold  or  agita- 
tion, hesitatingly  consented,  and  crowbars  being 
speedily  procured,  an  entrance  was  forced,  and  in 
rushed  a  score  of  excited  men.  Armstrong's  wife, 
it  was  afterwards  remembered,  caught  hold  of  her 
husband's  arm  in  a  hurried,  frightened  manner, 
whispered  hastily  in  his  ear,  and  then  both  fol- 
lowed into  the  house. 

"  Now,  Farmer,"  cried  Johnson,  as  soon  as  he 
had  procured  a  light,  "  lead  the  way  up-stairs." 

Armstrong,  who  appeared  to  have  somewhat 
recovered  from  his  panic,  darted  at  once  up  the 
staircase,  followed  by  the  whole  body  of  rustics. 
On  reaching  the  landing-place,  he  knocked  at  Mr. 


316  FAMOUS    CASES    OF 


Wilson's  bed-room  door.  No  answer  was  returned. 
Armstrong  seemed  to  hesitate,  but  the  constable 
at  once  lifted  the  latch  ;  they  entered,  and  then  a 
melancholy  spectacle  presented  itself. 

Wilson,  completely  dressed,  lay  extended  on  the 
floor  a  lifeless  corpse.  He  had  been  stabbed  in 
two  places  in  the  breast  with  some  sharp-pointed 
instrument.  Life  was  quite  extinct.  The  window 
was  open.  On  further  inspection,  several  bundles 
containing  many  of  Wilson's  valuables  in  jewellery 
and  plate,  together  with  clothes,  shirts,  silk  hand- 
kerchiefs, were  found.  The  wardrobe  and  a  secre- 
tary-bureau had  been  forced  open.  The  assassins 
had,  it  seemed,  been  disturbed,  and  had  hurried  off 
by  the  window  without  their  plunder.  A  hat  was 
also  picked  up  in  the  room,  a  shiny,  black  hat, 
much  too  small  for  the  deceased.  The  constable 
snatched  it  up,  and  attempted  to  clap  it  on  Arm- 
strong's head,  but  it  was  not  nearly  large  enough. 
This,  together  with  the  bundles,  dissipated  a  sus- 
picion which  had  been  growing  in  Johnson's  mind, 
and  he  roughly  exclaimed,  "  You  need  not  look  so 
scared,  farmer  ;   it's  not  you  ;   that's  quite  clear." 

To  this  remark  neither  Armstrong  nor  his  wife 
answered  a  syllable,  but  continued  to  gaze  at  the 
corpse,    the    bundles,    and    the     broken    locks,    in 


CIRCEMSTAXTIA  L     E  J  'IDEXCE. 


o1/ 


bewildered  terror  and  astonishment.  Presently 
some  one  asked  if  anybody  had  seen  Mrs.  Strug- 
nell? 

The  question  roused  Armstrong,  and  he  said, 
"  She  is  not  come  home  ;  her  door  is  locked." 

"  How  do  you  know  that  ?"  cried  the  constable, 
turning  sharply  round,  and  looking  keenly  in  his 
face.  ■    "  How  do  you  know  that  ?" 

"  Because — because,"  stammered  Armstrong, 
"  because  she  always  locks  it  when  she  goes  out." 

"  Which  is  her  room  ? " 

"  The  next  to  this." 

They  hastened  out  and  found  the  next  door  was 
fast. 

"Are  you  there,  Mrs.  Strugnell  ?"  shouted  John- 
son. 

There  was  no  reply- 

"  She  is  never  home  till  half-past  ten  o'clock  on 
Sunday  evenings,"  remarked  Armstrong  in  a 
calmer  voice. 

"  The  key  is  in  the  lock  on  the  inside,"  cried  a 
young  man  who  had  been  striving  to  peep  through 
the  key-hole. 

Armstrong,  it  was  afterwards  sworn,  started  as  if 
he  had  been  shot  ;  and  his  wife  again  clutched  his 
arm  with  the  same  nervous,  frenzied  gripe  as  before 


3i8  FAMOUS     CASES    OF 

"  Mrs.  Strugnell,  are  you  there  ?"  once  more 
shouted  the  constable.  He  was  answered  by  a  low 
moan.  In  an  instant  the  frail  door  was  burst  in, 
and  Mrs.  Strugnell  was  soon  pulled  out,  apparently 
more  dead  than  alive,  from  underneath  the  bed- 
stead, where  she,  in  speechless  consternation,  lay 
partially  concealed.  Placing  her  in  a  chair,  they 
soon  succeeded — much  more  easily  indeed  than 
they  anticipated — in  restoring  her  to  consciousness. 
Nervously  she  glanced  round  the  rude  circle  of 
eager  faces  that  environed  her,  till  her  eyes  fell 
upon  Armstrong  and  his  wife,  when  she  gave  a 
loud  shriek,  and  muttering,  "  They,  they,  are  the 
murderers  !"  swooned,  or  appeared  to  do  so,  again 
instantly. 

The  accused  persons,  in  spite  of  their  frenzied 
protestations  of  innocence,  were  instantly  seized 
and  taken  off  to  a  place  of  security;  Mrs.  Strugnell 
was  conveyed  to  a  neighbor's  close  by ;  the  house 
was  carefully  secured  ;  and  the  agitated  and  won- 
dering villagers  departed  to  their  several  homes, 
but  not,  I  fancy,  to  sleep  any  more  for  that  night. 

The  deposition  made  by  Mrs.  Strugnell  at  the 
inquest  on  the  body  was  in  substance  as  follows  : 

"  On  the  afternoon  in  question  she  had,  in 
accordance'  with  her   usual  custom,    proceeded  to 


CIRCUMSTANTIAL    EVIDENCE.  319 

town.  She  called  on  her  aunt,  and  took  tea  with 
her,  and  afterwards  went  to  the  independent  chapel. 
After  service,  she  called  to  see  Miss  Wilson,  but  was 
informed  that,  in  consequence  of  a  severe  cold,  the 
young  lady  had  gone  to  bed.  She  then  immediate- 
ly proceeded  homewards,  and  consequently  arrived 
at  Craig  Farm  more  than  an  hour  before  her  usual 
time.  She  let  herself  in  with  her  latch  key,  and 
proceeded  into  her  bedroom.  There  was  no  light 
in  Mr.  Wilson's  chamber,  but  she  could  hear  him 
moving  about  in  it.  She  was  just  about  to  go 
down-stairs,  having  put  away  her  Sunday  bonnet 
and  shawl,  when  she  heard  a  noise,  as  of  persons 
entering  by  the  back  way,  and  walking  gently 
across  the  kitchen  floor.  Alarmed  as  to  who  it 
could  be,  Mr.  and  Mrs.  Armstrong  not  being 
expected  home  for  several  days,  she  gently  closed 
her  door  and  locked  it.  A  few  minutes  after,  she 
heard  stealthy  steps  ascending  the  creaking  stairs, 
and  presently  her  door  was  tried,  and  a  voice  in  a 
low,  hurried  whisper  said,  '  Mary,  are  you  there  ? 
She  was  positive  it  was  Mr.  Armstrong's  voice,  but 
was  too  terrified  to  answer.  Then  Mrs.  Arm- 
strong— she  was  sure  it  was  she — said  also  in  a 
whisper,  as  if  addressing  her  husband,  'She  is 
never   back   at  this   hour.'     A   minute   or   so   after 


513  FAMOUS    CASES    OF 


there  was  a  tap  at  Mr.  Wilson's  door.  She  could 
not  catch  what  answer  was  made;  but  by  Arm- 
strong's reply  she  gathered  that  Mr.  Wilson  had 
laid  down,  and  did  not  wish  to  be  disturbed. 
He  was  often  in  the  habit  of  lying  down  with 
his  clothes  on.  Armstrong  said,  '  I  will  not  disturb 
you,  sir;  I'll  only  just  put  this  parcel  on  the  table.' 
There  is  no  lock  to  Mr.  Wilson  door.  Arm- 
strong stepped  into  the  room,  and  almost  imme- 
diately she  heard  a  sound  as  of  a  violent  blow,  fol- 
lowed by  a  deep  groan,  and  then  all  was  still. 
She  was  paralyzed  with  horror  and  affright. 
After  a  lapse  of  a  few  seconds,  a  voice — Mrs.  Arm- 
strong's, undoubtedly — asked  in  a  tremulous  tone, 
if 'all  was  over  ?'  Her  husband  answered,  'Yes: 
but  where  be  the  keys  of  the  writing-desk  kept  ? 
'  In  the  little  table-drawer,'  was  the  reply.  Arm- 
stong  then  came  out  of  the  bedroom,  and  both 
went  into  Mr.  W'ilson's  sitting  apartment.  They 
soon  returned,  and  crept  stealthily  along  the  pas- 
sage to  their  own  bedroom  on  the  same  floor. 
They  then  went  down- stairs  to  the  kitchen.  One 
of  them — the  woman,  she  had  no  doubt — went  out 
the  back  way,  and  heavy  footsteps  again  ascended 
the  stairs.  Almost  dead  with  fright,  she  then 
crawled  under  the  bedstead,   and  remembered  no 


CIRCUMSTANTIAL    EVIDENCE.  321 

more  till  she  found  herself  surrounded  by  the  villa- 
gers. 

In  confirmation  of  this  statement,  a  large  clasp- 
knife  belonging  to  Armstrong,  and  with  which  it 
was  evident  the  murder  had  been  perpetrated,,  was 
found  in  one  corner  of  Wilson's  bedroom;  and  a 
mortgage  deed,  for  one  thousand  pounds  on  Craig 
Farm,  the  property  of  Wilson,  and  which  Strugnell 
swore  was  always  kept  in  the  writing-desk  in  the 
front  room,  was  discovered  in  a  chest  in  the  prison- 
er's sleeping-apartment,  together  with  nearly  one 
hundred  and  fifty  pounds  in  gold,  silver,  and  coun- 
ty-bank notes,  although  it  was  known  that  Arm- 
strong had  but  a  fortnight  before  declined  a  very 
advantageous  offer  of  some  cows  he  was  desirous 
of  purchasing,  under  the  plea  of  being  short  of 
cash.  Worse  perhaps  than  all,  a  key  of  the  back- 
door was  found  in  his  pocket,  which  not  only  con- 
firmed Strugnell's  evidence,  but  clearly  demonstra- 
ted that  the  knocking  at  the  door  for  admittance, 
which  had  roused  and  alarmed  the  hamlet,  was  a 
pure  subterfuge.  The  conclusion,  therefore,  almost 
universally  arrived  at  throughout  the  neighborhood 
was,  that  Armstrong  and  his  wife  were  the  guilty 
parties ;  and  that  the  bundles,  the  broken  locks,  the 
sheet  hanging  out  of  the  window,   the  shiny,  black 


322  FAMOUS     CASES    OF 

hat,  were,  like  the  knocking,  mere  cunning  devices 
to  mislead  inquiry.  The  case  excited  great  interest 
in  the  county. 

The  trial  proceeded.     The    cause    of  the  death 
was    scientifically    stated    by    two     medical     men. 

Next  followed  the  evidence  as  to  the  finding  of 
the  knife  in  the  bedroom  of  the  deceased ;   the  dis- 
covery of  the  mortgage  deed,  and  the  large  sum 
of  money   in  the  prisoners' sleeping  apartment;  the 
finding  the  key  of  the  back-door  in  the  male  pris- 
oner's pocket ;   and  his  demeanor  and  expressions 
on  the  night  of  the  perpetration  of  the  crime.      In 
his  cross-examination  of  the  constable,  several  facts 
were    elicited    by    the    counsel    for    the  prisoners. 
Their  attorney  had  judiciously  maintained  the  strict- 
est secresy  as  to  the  nature  of  the  defence,    so  that 
it  now  took  the  prosecution  completely  by  surprise. 
The   constable,   in   reply  to   questions  by  counsel, 
stated  that  the  pockets  of  the  deceased  were  empty  ; 
that  not  only  his  purse,   but  a  gold  watch,   chain, 
and  seals,   which  he   usually  wore,    had   vanished, 
and  no  trace  of  them  had  as  yet  been  discovered. 
Many  other  things  were  also  missing.     A  young 
man  of  the  name  of  Pearce,   apparently  a  sailor, 
had  been  seen  in  the  village  once  or  twice  in   the 
company  of  Mary  Strugnell ;   but  he  did  not  notice 


CIRCUMSTANTIAL    EVIDENCE.  323 

what  sort  of  hat  he  generally  wore ;  he  had  not 
seen  Pearce  since  the  night  the  crime  was  commit- 
ted ;   had  not  sought  for  him. 

Mary  Strugnell  was  the  next  witness.  She  re- 
peated her  previous  evidence  with  precision  and 
apparent  sincerity.  A  subtle  and  able  cross-exam- 
ination of  more  than  two  hours'  duration  followed  ; 
and  at  its  conclusion,  the  case  for  the  prosecution 
was  so  damaged,  that  a  verdict  of  condemnation 
appeared  to  be  out  of  the  question.  The  salient 
points  dwelt  upon,  and  varied  in  every  possible 
way,    in  this  long  sifting,  were  these  : — 

"  What  was  the  reason  she  did  not  return  in  the 
evening  in  question  to  her  aunt's  to  supper  as 
usual  ?" 

"  She  did  not  know,  except  that  she  wished  to 
g-et  home." 

"  Did  she  keep  company  with  a  man  of  the 
name  of  Pearce  ?" 

"  She  had  walked  out  with  him  once  or  twice." 

"  When  was  the  last  time  ?" 

"  She  did  not  remember." 

"  Did  Pearce  walk  with  her  home  on  the  night 
of  the  murder  ?" 

«  No." 

"  Not  part  of  the  way  ?" 


324  FAMOUS    CASES    OF 


"  Yes  ;  part  of  the  way." 

•'Did   Pearce    sometimes    wear    a  black,    shiny- 
hat?" 

"  No — yes  ;  she  did  not  remember." 

"Where  was  Pearce  now  ?" 

''She  didn't  know." 

"  Had  he  disappeared  since  that  Sunday  even- 


ing?' 


"She  didn't  know." 

"  Had  she  seen  him  since  ?" 

"  No." 

"Had  Mr.  Wilson  ever  threatened  to  discharge 
her  for  insolence  to  Mrs.  Armstrong  ?" 

"  Yes;  but  she  knew  he  was  not  in  earnest." 

"  Was  not  the  clasp-knife  that  had  been  found 
always  left  in   the  kitchen  for  culinary  purposes  ?" 

"No — not  always;  generally — but  not  this  time 
that  Armstrong  went  away,  she  was  sure." 

"  Mary  Strugnell,  you  be  a  false  sworn  woman 
before  God  and  man !"  interrupted  the  male  pris- 
oner, with  great  violence  of  manner. 

The  outbreak  of  the  prisoner  was  checked  and 
rebuked  by  the  judge,  and  the  cross-examination 
soon  afterwards  closed.  The  jurors,  having  delib- 
erated for  something  more  than  half  an  hour,  re- 
turned into  court  with  a  verdict  of  "  guilty  "  against 


CIRCUMSTANTIAL    EVIDENCE.  $2$ 

both  prisoners,   accompanying  it,   however,  with  a 
strong  recommendation  to  mercy  ! 

''Mercy!"  said  the  judge.      "What  for?      On 
what  ground  ?" 

The  jurors  stared  at  each  other  and  at  the 
judge  :  they  had  no  reason  to  give !  The  fact  was, 
their  conviction  of  the  prisoners'  guilt  had  been 
very  much  shaken  by  the  cross-examination  of  the 
chief  witness  for  the  prosecution,  and  this  recom- 
mendation was  a  compromise  which  conscience 
made  with  doubt. 

The  usual  ridiculous  formality  of  asking  the 
wretched  convicts  what  they  had  to  urge  why  sen- 
tence should  not  be  passed  upon  them  was  gone 
through ;  the  judge,  with  unmoved  feeling,  put 
on  the  fatal  cap ;  and  then  a  new  and  startling 
light  burst  upon  the  mysterious,  bewildering 
affair. 

"  Stop  my  lord  !  "  exclaimed  Armstrong  with 
rough  vehemence.  "  Hear  me  speak  !  I'll  tell  ye 
all  about  it ;  I  will  indeed,  my  lord.  Quiet,  Martha, 
I  tell  ye.  It's  I,  my  lord,  that's  guilty,  not  the 
woman.  God  bless  ye,  my  lord ;  not  the  wife ! 
Doant  hurt  the  wife,  and  I'se  tell  ye  all  about  it, 
I  alone  am  guilty  ;  not,  the  Lord  be  praised,  oi 
.murder,  but  of  robbery  !" 


326  FAMOUS    CASES    OF 

"  John  !  John  !"  sobbed  the  wife,    clinging    pas- 
sionately to  her  husband,  "  let  us  die  together  !  " 

"  Quiet,  Martha,  I  tell  ye  !  Yes,  my  lord,  I'se 
tell  ye  all  about  it.  I  was  gone  away,  wife  and  I, 
for  more  nor  a  week,  to  receive  money  for  Mr. 
Wilson,  on  account  of  smuggled  goods — that 
money,  my  lord,  as  was  found  in  the  chest.  When 
we  came  home  on  that  dreadful  Sunday  night,  my 
lord,  we  went  in  the  back  way  ;  and  hearing  a  noise, 
I  went  up-stairs,  and  found  poor  Wilson  stone- 
dead  on  the  floor.  I  were  dreadful  skeared,  and  let 
drop  the  candle.  I  called  to  wife,  and  told  her  of  it. 
She  screamed  out,  and  amaist  fainted  away.  And 
then,  my  lord,  all  at  once  the  devil  shot  it  into  my 
head  to  keep  the  money  I  had  brought ;  and  know- 
ing as  the  keys  of  the  desk  where  the  mortgage 
writing  was  kept  was  in  the  bed-room,  I  crept 
back,  as  that  false-hearted  woman  said,  got  the 
keys,  and  took  the  deed ;  and  then  I  persuaded 
wife,  who  had  been  trembling  in  the  kitchen  all  the 
while,  that  we  had  better  go  out  quiet  again,  as 
there  was  nobody  in  the  house  but  us — I  had  tried 
that  woman's  door — and  we  might  perhaps  be 
taken  for  the  murderers.  And  so  we  did ;  and 
that's  the  downright,  honest  truth,  my  lord.  I'm 
rightly  served,  but   God  bless   you,  doant  hurt  the 


CIRCUMSTANTIAL     EVIDENCE.  327 

woman — my  wife,  my  lord,  these  thirty  years. 
Five-and-twenty  years  ago,  come  May,  which  I 
shall  never  see,  we  buried  our  two  children.  Had 
they  lived,  I  might  have  been  a  better  man  ;  but  the 
place  they  left  empty  was  soon  filled  up  by  love  of 
cursed  lucre,  and  that  has  brought  me  here.  I 
deserve  it ;  but  oh,  mercy,  my  lord  !  mercy,  good 
gentlemen  !" — turning  from  the  stony  features  of 
the  judge  to  the  jury,  as  if  they  could  help  him — 
"  not  for  me,  but  the  wife.  She  be  as  innocent  of 
this  as  a  new  born  babe.  It's  III!  scoundrel  that 
I  be,  that  has  brought  thee,  Martha,  to  this  shame- 
ful pass !"  The  rugged  man  snatched  his  life- 
companion  to  his  breast  with  passionate  emotion, 
and  tears  of  remorse  and  agony  streamed  down  his 
rough  cheeks. 

It  was  evident  that  the  man  had  uttered  the 
whole  truth.  It  was  apparently  one  of  those  cases 
in  which  a  person  liable  to  suspicion  damages  his 
own  cause  by  resorting  to  a  trick.  No  doubt,  by 
his  act  of  theft,  Armstrong  had  been  driven  to  an 
expedient  which  would  not  have  been  adopted  by 
a  person  perfectly  innocent.  And  thus,  from  one 
thing  to  another,  the  charge  of  murder  had  been 
fixed  upon  him  and  his  hapless  wife.  The  judge 
was  quite  undisturbed.     Viewing  the  harangue   of 


328  FAMOUS     CASES    OF 

Armstrong  as  a  mere  tissue  of  falsehood,  he  coolly 
pronounced  sentence  of  death  upon  the  prisoners. 
They  were  to  be  hanged  on  Monday.  This  was 
Friday. 

On  Monday  morning  a  chaise-and-four  drove 
rapidly  up  to  the  hotel,  where  the  prosecuting 
lawyer  was  stopping,  and  out  tumbled  Johnson, 
the  constable.  His  tale  was  soon  told.  On  the 
previous  evening,  the  landlady  of  the  Black  Swan, 
a  road-side  public-house  about  four  miles  distant 
from  the  scene  of  the  murder,  reading  the  name  of 
Pearce  in  the  report  of  the  trial  in  the  Sunday 
county  paper,  sent  for  Johnson  to  state  that  that 
person  had  on  the  fatal  evening  called  and  left  a 
portmanteau  in  her  charge,  promising  to  call  for  it 
in  an  hour,  but  had  never  been  there  since.  On 
opening  the  portmanteau,  Wilson's  watch,  chains, 
and  seals,  and  other  property,  were  discovered  in 
it.  Instantly,  for  there  was  not  a  moment  to  spare, 
in  company  with  Armstrong's  counsel,  the  judge 
was  sought,  and  with  some  difficulty  they  obtained 
from  him  a  formal  order  to  the  sheriff  to  suspend 
the  execution  till  further  orders.  Off  the  constable 
started,  and  happily  arrived  in  time  to  stay  the  ex- 
ecution, and  deprive  the  already-assembled  mob  of 
the   brutal   exhibition  they   so   anxiously   awaited. 


CIRCUMSTANTIAL    EVIDENCE.  329 

On  inquiring  for  Mary  Strugnell,  it  was  found  that 
she  had  absconded  on  the  evening  of  the  trial.  All 
search  for  her  proved  vain. 

Five  months  had  passed  away  ;  the  fate  of  Arm- 
strong and  his  wife  was  still  undecided,  when  a 
message  was  brought  to  the  counsel  for  the 
prosecution,  from  a  woman  said  to  be  dying 
in  St.  Bartholomew's  hospital.  It  was  Mary  Strug- 
nell ;  who,  when  in  a  state  of  intoxication,  had 
fallen  down  in  front  of  a  carriage,  as  she  was  cross- 
ing near  Holborn  Hill,  and  had  both  her  legs 
broken.  She  was  dying  miserably,  and  had  sent  to 
make  a  full  confession  relative  to  Wilson's  murder. 
Armstrong's  account  was  perfectly  correct.  The 
deed  was  committed  by  Pearce,  and  they  were 
packing  up  their  plunder  when  they  were  startled 
by  the  unexpected  return  of  the  Armstrongs. 
Pearce,  snatching  up  a  bundle  and  a  portmanteau, 
escaped  by  the  window ;  she  had  not  nerve  enough 
to  attempt  it,  and  crawled  back  to  her  bed-room, 
where  she,  watching  the  doings  of  the  farmer 
through  the  chinks  of  the  partition  which  separated 
her  room  from  the  passage,  concocted  the  story 
which  convicted  the  prisoners.  Pearce,  thinking 
himself  pursued,  too  heavily  encumbered  for  rapid 
flight,  left  the  portmanteau   as  described,  intending 


330  FAMOUS    CASES    OF 

to  call  for  it  in  the  morning,  if  his  fears  proved 
groundless.  He,  however,  had  not  courage  to  risk 
calling  again,  and  made  the  best  of  his  way  to 
London.  He  was  now  in  Newgate  under  sentence 
of  death  for  a  burglary,  accompanied  by  personal 
violence  to  the  inmates  of  the  dwelling  he  and  his 
gang  had  entered  and  robbed.  The  deposition  of 
the  dying  wretch  was  put  into  proper  form  ;  and 
the  result  was,  after  a  great  deal  of  petitioning 
'  and  worrying  of  authorities,  a  full  pardon  for 
both  Armstrong  and  his  wife. 


CIRCUMSTANTIAL    EVIDENCE.  331 


XLYI. 
CASE    OF    GEORGE    MANNERS. 

A  Miss  Lascelles,  of  Middlesex,  England, 
formed  a  matrimonial  engagement  with  one 
George  Manners.  Her  elder  brother,  Edmund 
Lascelles,  who  acted  towards  her  as  a  guardian, 
their  parents  being  dead,  strongly  objected  to  the 
proposed  union,  but  was  either  unable  or  unwilling 
to  give  any  satisfactory  reasons  for  his  objections. 
His  conduct  towards  his  sister  was  extremely 
violent  and  harsh  ;  and  finally,  to  appease  him,  she 
consented  to  postpone  for  an  indefinite  period  the 
proposed  marriage.  All  correspondence  between 
Mr.  Manners  and  Miss  Lascelles  was  not,  how- 
ever, stopped,  and  they  only  decided  to  wait  for  a 
more  auspicious  season. 

One  evening,  about  six  o'clock,  Mr.  Manners 
suddenly  appeared  at  the  residence  of  Miss  Las- 
celles and  her  brother.  Mr.  Lascelles  was  absent 
1 1    the    time.      Mr.    Manners    complained    bitterly 


332  FAZIDUS     CASES     OF 

that  their  happiness  should  be  sacrificed  to  the  pas- 
sionate freak  of  the  brother,  and  urged  Miss 
Lascelles  to  leave  the  house,  go  to  the  residence 
of  a  relation,  and  there  be  married.  The  plan  she 
willingly  agreed  to ;  but  as  a  condition,  made  Mr. 
Manners  promise  to  wait  and  make  one  last  effort 
with  her  brother.  Mr.  Lascelles  returned  about 
nine  o'clock,  and  immediately  assailed  his  sister 
with  insults  and  reproaches.  At  the  request  of 
Mr.  Manners,  she  left  the  room,  and  the  two  men 
had  a  stormy  interview,  lasting  about  twenty 
minutes.  Then  the  door  opened,  and  Mr.  Man- 
ners was  heard  to  say  : 

"  Good  night,  Mr.  Lascelles,  I  trust  our  next 
meeting  may  be  a  different  one :"  and  immediately 
afterward,  Mr.  Lascelles  appearing  to  have  refused 
to  shake  hands  on  parting,  in  a  half  laughing 
way — "  Next  time,  Lascelles,  I  shall  not  ask  for 
your  hand — I   shall  take   it." 

About  an  hour  later,  Mr.  Lascelles  also  went 
out,  and  about  eleven  o'clock  the  house  was 
aroused  by  two  men  carrying  his  dead  body  into 
the  kitchen,  followed  by  George  Manners  with 
his  hands  and  clothes  dabbled  with  blood.  Death 
appeared  to  have  been  caused  by  two  instruments, 
a  bludgeon  and  a  knife  ;    and   what   appeared  most 


CIRCUMSTANTIAL    EVIDENCE.  333 

singular,  the  right  hand,  on  which  was  a  sapphire 
ri?ig,  was  gone.  As  Mr.  Manners  had  been  heard 
to  speak  the  words,  "  he  would  not  ask  Lascelles' 
hand,  but  take  it,"  suspicion  at  once  pointed  to  him, 
and  he  was  accordingly  arrested,  and  committed 
for  examination. 

On  the  inquest,  the  following  testimony  was 
given  by  James  Crosby,  a  farm  laborer: 

"  I  had  been  sent  into  the  village  for  some  medi- 
cine  for  a  sick  beast,  and  was  returning  to  the  farm 
by  the  park,  a  little  before  eleven,  when  near  the 
low  gate  I  saw  a  man  standing  with  his  back  to  me. 
The  moon  was  shining,  and  I  recognized  him  at 
once  for  Mr.  George  Manners  of  Beckfield. 
When  Mr.  Manners  saw  me,  he  seemed  much 
excited,  and  called  out,  '  Quick  !  help !  Mr.  Las- 
celles has  been  murdered.'  I  said,  '  Good  God ! 
who  did  it?'  He  said,  'I  don't  know;  I  found  him 
in  the  ditch  ;  help  me  to  carry  him  in.'  By  this 
time  I  had  come  up  and  saw  Mr.  Lascelles  on  the 
ground,  lying  on  his  side.  I  said,  '  How  do  you 
know  he's  dead?'  He  said,  'I  fear  there's  very  little 
hope  ;  he  has  bled  so  profusely.  I  am  covered  with 
blood.'  I  was  examining  the  body,  and  as  I  turned 
it  over  I  found  that  the  right  hand  was  gone.  It  had 
been  cut  off  at  the  wrist.     I  said,  'Look  here  !     Did 


334  FAMOUS     CASES    OF 

you  know  this  ?'  He  spoke  very  low,  and  only  said, 
'  How  horrible  !'  I  said,  '  Let  us  look  for  the  hand ; 
it  may  be  in  the  ditch.'  He  said,  '  No,  no  !  we  are 
wasting  time.  Bring  him  in,  and  let  us  send  for 
the  doctor.'  I  ran  to  the  ditch,  however,  but  could 
see  nothing  but  a  pool  of  blood.  Coming  back,  1 
found  on  the  ground  a  thick  hedge-stake  covered 
with  blood.  The  grass  by  the  ditch  was  very  much 
stamped  and  trodden.  I  said,  '  There  has  been  a 
desperate  struggle.'  He  said,  '  Mr.  Lascelles  was 
a  very-  strong  man.'  I  said,  '  Yes ;  as  strong  as 
you,  Mr.  Manners.  He  said,  '  Not  quite ;  very 
nearly,  though.'  He  said  nothing  more  till  we 
got  to  the  hall ;  then  he  said,  '  Who  can  break  it 
to  his  sister  ?'  I  said,  '  They  will  have  to  know. 
It's  them  that  killed  him  has  brought  this  misery 
upon  them.'  The  low  gate  is  a  quarter  of  a  mile, 
or  more,  from  the  hall." 

Miss  Lascelles  was  also  forced  to  testify  to  the 
interview  before  mentioned,  and  also  to  the  parting 
words  between  the  two  men. 

George  Manners  was  fully  committed  to  stand 
his  trial  at  the  ensuing  assizes. 

Upon  the  trial  the  same  evidence  was  produced, 
and  the  jury  found  the  accused  guilty.  A  few  days 
before  the  time  set  for  his  execution   some  circum- 


CIRCl  'MS  71 1  Nl  1A  L    E  VIDENCE.  33$ 

stances  directed  the  search  for  the  missing  hand — 
which  was  still  being  prosecuted  by  the  friends  of 
Mr.  Manners — to  the  cellar  of  a  barn  belonging  to 
one  Parker,  a  small  farmer  in  the  neighborhood  ; 
and  as  a  reward  of  their  dilio-ence,  the  missino- 
hand  was  there  found,  together  with  a  rusty  knife. 
Parker  was  at  once  arrested,  and  confessed  his 
guilt.  The  wretched  man  said,  that  being  out  on 
the  fatal  night  about  some  sick  cattle,  he  had  met 
Mr.  Lascelles  by  the  gate ;  that  Lascelles  had 
begun,  as  usual,  to  taunt  him  ;  that  the  opportunity 
of  revenge  was  too  strong,  and  he  had  murdered 
him.  His  first  idea  had  been  flight;  and  bein^ 
unable  to  drag-  the  ring  from  the  hand  which  was 
swollen,  he  had  cut  it  off,  and  thrown  the  body 
into  the  ditch.  On  hearing  of  the  finding  of  the 
body,  and  of  George  Manners'  position,  he  deter- 
mined to  brave  it  out,  with  what  almost  fatal  suc- 
cess we  have  seen.  He  dared  not  sell  the  ring, 
and  so  buried  it  in  his  barn. 


336  FAMOUS    CASES    OF 


XL  VII. 

CASE  OF  ARTHUR  MELLON. 

Mrs.  Mellon  was  a  very  gay,  fashionable 
woman,  who  devoted  her  time  and  thoughts  to  the 
requirements  of  "society."  Her  husband;  a  man 
of  a  quiet,  studious  temperament,  found  but  little 
pleasure  in  the  constant  round  of  balls,  fetes,  din- 
ner parties,  and  all  the  numerous  diversions  of 
fashionable  dissipation,  into  which  his  wife  led 
him ;  and  the  usual  result  in  such  cases  followed,  a 
brief  period  of  married  life.  First  a  coldness, 
which  was  followed  by  frequent  quarrels.  These 
discords  were  aggravated  by  the  wife's  lack  of 
discretion  and  the  husband's  jealousy ;  and  finally 
became  a  subject  of  gossip  in  the  circle  in  which 
they  moved.  Suddenly  Mrs.  Mellon  was  taken 
sick,  and  died,  with  strong  symptoms  of  poison. 
There  was  an  inquest,  and  the  chemists  who 
examined  the  body  discovered  arsenic.  It  was 
easily     proved     that    Mr.    Mellon    had     frequent1) 


CIRCUMSTANTIAL    EVIDENCE.  337 

quarrelled  with  her,  and  was  very  jealous.  That 
he  had  purchased  a  quantity  of  arsenic  just  before 
her  death,  and  a  package  of  arsenic  was  found  in 
his  desk.  When  she  was  first  taken  sick  he  in- 
sisted on  nursing  her  himself.  Every  circumstance 
pointed  strongly  to  Mr.  Mellon  as  the  murderer. 
He  was  found  guilty  by  the  coroner's  jury,  and 
committed  to  prison  to  be  tried  for  his  life. 

Upon  the  trial  the  prosecution  established  such  a 
strong  case  of  circumstantial  evidence  based  on  the 
frequent  quarrels  between  the  prisoner  and  his 
deceased  wife,  the  purchase  of  the  arsenic,  the  dis- 
covery of  arsenic  in  his  desk,  and  his  nursing  of  his 
wife  to  the  exclusion  of  every  one  else,  that  convic- 
tion seemed  an  assured  fact.  The  last  witness 
called  for  the  prosecution,  was  a  medical  gentle- 
man, who  had  assisted  at  the  examination  of  the 
body.  The  prisoner's  counsel  put  the  following 
questions  : 

Q.   Have  you   ever  known,  or  is  it  a  matter  of 
authentic    record,    that    arsenic   is   taken    in    small 
doses  as  a  cosmetic,  to  improve  the  complexion  ? 
A.   It  is  sometimes  used  for  that  purpose. 
Q.  Is  it  also  administered  as  a  medicine  for  cer- 
tain diseases  ? 

A.   Yes,  undoubtedly. 


338  FAMOUS    CASES    OF 

Q.  Now,  sir,  is  it  not  a  fact  well  known  to  medi- 
cal science,  that  arsenic,  taken  for  some  time  in 
small  doses  may  accumulate  in  the  system,  so  as  to 
produce  violent  and  even  fatal  action  ? 

A.   It  is  possible. 

Q.  Are  there  not  cases  of  such  cumulative 
action  ? 

A.  Yes. 

Q.  One  question  more.  If  a  person  in  the  habit 
of  taking  arsenic,  either  as  a  medicine  or  a  cos- 
metic, were  to  die  suddenly  from  any  cause,  would 
not  arsenic  be  found  in  the  liver  and  other  viscera 
by  a  chemical  analysis  ? 

A.   There  is  no  doubt  that  it  would. 

Q.  That  will  do,  sir. 

The  defence  called  but  one  witness,  a  maid  who 
had  waited  on  Mrs.  Mellon,  but  had  left  her  ser- 
vice some  time  before  her  death,  and  who  was  only 
found  a  day  before  the  trial. 

She  ^testified  to  having  lived  more  than  two 
years  with  Mrs.  Mellon  ;  to  the  uniform  kindness 
and  affection  of  her  husband  ;  and  to  the  nature  of 
their  domestic  difficulties.  She  was  sure  that  he 
loved  "  the  very  ground  she  trod  upon,"  and  that 
if  he  was  sometimes  jealous  and  out  of  tem- 
per, they  always  made   it  up  ;   and   she   was    sure 


CIRCUMSTANTIAL    EVIDENCE.  339 

that    he    would    not   have    harmed    her    for    the 
world. 

Q.  Was  it  within  your  knowledge,  witness,  that 
the  deceased  lady  ever  gave  her  husband  any 
ground  for  jealousy  ? 

A.  No,  your  honor,  not  that  ever  I  saw ;  but 
she  was  very  handsome,  and  liked  to  be  admired. 

Q.  Witness,  you  say  she  was  very  handsome. 
Did  your  mistress  ever  take  anything  for  her  com- 
plexion ? 

A.  Yes,  sir;   sure  an'  she  did  often. 

Q.  Do  you  know  what  it  was  ? 

A.   It  was  a  white  powder,  like. 

Q.  A  white  powder  that  she  rubbed  on  her 
skin  ? 

A.  No,  your  honor;  it  was  a  powder  that  she 
swallowed. 

Q.  What  did  she  call  it  ? 

A.   I  never  heard  any  name  for  it. 

Q.  How  do  you  know  that  she  took  it  for  her 
complexion;  and  not  as  a  medicine  for  some 
disease  ? 

A.  Because  she  told  me  in  a  joking  way,  that  if 
I  would  take  some,  it  would  make  me  as  white  and 
pretty  as  she  was. 

Q.  Where  did  she  keep  this  white  powder  ? 


340  FAMOUS    CASES    OF 

A.  In  a  little  drawer  of  her  writing  desk. 

Q.   Is    that    writing    desk    portable,     witness? 
inquired  the  judge. 

A.   Is  it  what,  your  lordship  ? 

Q.   Can  it  be  brought  into  court  ? 

A.  Aisily  enough,  your  lordship. 

Q.  The  court  will  take  a  recess  while  this  desk  is 
produced. 

Two  officers  went  with  the  witness  and  returned 
with  the  writing-desk,  in  an  inner  and  concealed 
drawer  of  which  was  discovered  an  ounce  glass- 
stoppered  bottle,  about  a  third  full  of  a  white 
powder.  It  was  identified  as  the  bottle  from 
which  Mrs.  Mellon  took  her  cosmetic  ;  and  a  chem- 
ist pronounced  it  to  be  arsenic. 

The  jury  did  not  require  the  eloquence  of  coun- 
sel nor  the  judge's  luminous  charge  to  bring  in  a 
verdict  of  "  Not  guilty." 


CIRCUMSTANTIAL   EVIDENCE.  '341 


XLVIII. 

CASE   OF  BOYNTON. 

A  young  man  named  Boynton  had  been  for 
some  days  staying  at  the  house  of  a  friend  on  a 
plantation  on  the  Mississippi  River.  One  morning 
the  deceased,  the  master  of  the  house,  was  found 
murdered  in  a  rice  break ;  by  his  side  was  seen 
Boynton's  pistols,  and  in  Boynton's  hat,  in  the 
room  where  he  was  then  sleeping,  was  found  a 
paper  which  was  known  to  have  been  a  short  time 
before  in  the  pocket  of  the  deceased.  On  this 
evidence  Boynton  was  convicted  and  executed  ; 
persisting,  to  the  end,  in  his  ignorance  of  the 
perpetrator  of  the  murder,  and  breaking  wildly 
from  the  sheriff,  when  the  hour  of  execution 
arrived,  proclaiming  his  innocence  with  an  earnest- 
ness that  shook  the  confidence  of  the  bystanders  in 
his  guilt. 

Not  many  months  after,  a  man  who  had  been 
•orowling  about  the  neighborhood  at  the   time,  was 


342  FAMOUS    CASES     OF 

arrested,  tried,  and  sentenced  in  another  State  for 
a  murder,  subsequently  occurring ;  and  when  on 
the  gallows,  he  confessed  that  he  had  been  the 
perpetrator  of  the  murder  for  which  Boynton  had 
suffered ;  that  he  had  taken  the  pistols  from  Boyn- 
ton's  pillow,  and  had  in  return  placed  a  paper  from 
the  dead  man's  pocket  in  Boynton's  hat. 


CIRCUMSTANTIAL    EVIDENCE.  343 


XLIX. 

CASE  OF  A  BOOKBINDER. 

In  1694  a  few  copies  of  a  libel  entitled  the 
"  Ghost  of  M.  Scarron,"  were  circulated  in  Paris 
and  Versailles.  The  pamphlet  was  adorned  with 
an  engraving  which  parodied  the  monument  raised 
by  Marshal  Lafeuillade,  on  the  Place  des  Victoires, 
to  the  glory  of  his  master.  Instead  of  having  four 
statues  chained  at  his  feet,  the  King  was  repre- 
sented chained  between  four  women  ;  La  Valliere, 
Fontanges,  Montespan,  and  Maintenon. 

It  was  among  the  princes  of  the  blood  and  at  the 
court  that  the  "  old  woman,"  as  the  Palatine  Prin- 
cess called  her,  had  most  enemies.  This  hatred 
defeated  the  vigilance  of  the  police ;  before  the 
prefect,  M.  de  la  Reynie,  knew  of  the  existence  of 
the  work,  the  King  found  a  copy  under  his  napkin 
at  breakfast,  and  Madame  de  Maintenon  received 
another  copy  at  the  same  time  and  in  the  same 
way.  This  outrage,  inflicted,,  as  it  were,  in  the 
4 


344  FAMOUS    CASES     OF 

midst  of  his  palace,  exasperated  Louis  XIV. 
M.  de  la  Reynie,  the  prefect  of  police  was  immedi- 
ately called  to  Versailles ;  the  King  bitterly 
upbraided  him  for  what  he  called  his  guilty  indif- 
ference, and  ordered  him  to  discover  the  authors 
of  the  libel  and  to  punish  them  without  pity. 

Either  the  persons  who  had  given  cause  for 
royal  anger  were  very  powerful  and  clever,  or  the 
means  of  action  of  a  lieutenant  of  police  were  lim- 
ited, for  the  best  agents  of  M.  de  la  Reynie  were 
unsuccessful.  Still  the  King  was  as  angry  as  ever  ; 
he  even  seemed  as  vexed  at  the  failure  of  his 
agents  as  at  the  insult,  and  whenever  he  saw  the 
lieutenant  he  did  not  spare  his  reproaches  to  that 
unfortunate  official. 

At  length  chance  smiled  on  M.  de  la  Reynie, 
who  saw  his  disgrace  fast  drawing  near.  One 
morning  he  was  carelessly  listening  to  the  com- 
plaint of  an  artisan,  from  whose  dwelling  5,000 
livres  had  been  stolen  the  day  before.  The  poor 
fellow  obviously  took  the  lieutenant  for  Providence 
itself,  and,  supposing  that  he  could  get  his  money 
restored,  he  was  loud  in  his  lamentations.  While 
he  was  speaking,  the  secretary  of  the  lieutenant 
entered  and  hurriedly  handed  a  letter  to  this  magis- 
trate, begging   him  to  read   it   at  once.     The   lieu- 


CIRCUMSTANTIAL    EVIDENCE.  345 

tenant  had  scarcely  glanced  at  the  paper  than  he 
jumped  in  his  arm-chair  with  every  sign  of 
strong  excitement.  At  his  bidding  the  secretary 
went  in  quest  of  a  police  officer,  while  M.  de  la 
Reynie  was  feverishly  writing  a  few  lines  on  a 
piece  of  parchment  bearing  the  seal  of  the  State. 

His  emotion  was  so  great  that  he  altogether 
forgot  the  presence  of  a  third  party  ;  and  he  did 
not  notice  that  the  despoiled  artisan,  who  was 
standing  within  a  yard  of  him,  could  read  every 
word  he  was  writing.  The  man  was  looking-  on 
with  the  candid  confidence  of  one  who  is  so  con- 
vinced of  the  importance  of  his  business  that  he 
cannot  doubt  but  that  the  magistrate  is  engrossed 
by  it ;  but  the  secretary,  who  had  returned  with  an 
officer,  roughly  pulled  him  back. 

M.  de  la  Reynie  looked  up,  and  appeared  disa- 
greeably surprised  by  the  presence  of  the  artisan. 

"  Write  down  your  name,"  said  he,  in  a  harsh 
voice  ;   "  your  affair  shall  be  seen  to." 

Profound  astonishment  appeared  on  the  face  of 
the  man  ;  he  hesitated  for  a  few  seconds,  went  to 
the  table,  took  up  a  piece  of  paper  and  a  pen,  and 
then  turning  round  :  "  Allow  me  to  observe,  mon- 
seigneur,"  said  he,  "  that  I  have  had  the  honor  tc 
acquaint  you  with  my  name  and  occupation ;  and 


346  FAMOUS    CASES    OF 

further,  that  you  remembered  my  words  so  well 
that  I  was  marvelling  at  the  strength  of  your 
memory  when,  a  moment  ago,  I  saw  you  writing 
my  name  down  as  correctly  as  I  could  do." 

M.  de  la  Reynie  bit  his  lip,  and  made  a  sign  to 
his  secretary  to  draw  closer  to  the  artisan. 

"  Your  name  is  Jean  Larcher,"  said  he  to  the 
latter. 

"  It  is,  monseigneur." 

"  You  are  a  bookbinder  of  the  Rue  des  Lions- 
Saint-Paul." 

"  Moseigneur  is  quite  right,"  answered  poor  Jean 
Larcher,  who  was  smiling,  while  he  crumpled  in 
his  fingers  the  piece  of  paper  he  was  about  to  write 
upon. 

M.  de  la  Reynie  was  smiling  also,  although  in  a 
different  way.  He  took  the  police  officer  aside, 
whispered  a  few  words  in  his  ear,  and  then  intro- 
ducing him  to  the  bookbinder  :  "  This  gentleman," 
said  he,  "  will  accompany  you  to  your  house ;  he 
will  do  all  in  his  power  to  discover  your  thief,  and 
we  shall  take  care  that  you  meet  with  such  justice 
as  is  due  to  you." 

The  lieutenant  laid  stress  on  these  last  words, 
and  the  bookbinder,  astounded  at  meeting  with  so 
gracious  a  reception  from  a  high  magistrate,   could 


CIRCUMSTANTIAL   EVIDENCE.  347 

hardly  find  words  to  express  his  thanks  and  grati- 
tude. He  left  the  residence  of  the  lieutenant  of 
police  without  any  other  apparent  escort  than 
that  obligingly  tendered  by  M.  de  la  Rcynie.  On 
the  way  the  police  officer  questioned  the  book- 
binder, who  furnished  him  with  all  the  information 
he  had  already  given  to  the  lieutenant,  not  omit- 
ting to  give  the  topography  of  his  house,  concern- 
ing which  his  companion  seemed  particularly 
interested.  Master  Jean  Larcher  was  overjoyed 
at  the  great  attention  shown  by  M.  de  la  Reynie's 
man  :  he  did  not  doubt  but  that  his  five  thousand 
livres  would  soon  be  returned  to  him,  and  he 
insisted  on  regaling  his  companion  with  the  best 
wine  they  could  procure  in  a  wine  shop. 

After  this  halt  they  went  in  the  direction  of  the 
Rue  des  Lions-Saint-Paul.  Soldiers  and  policemen 
were  standing  around  the  bookbinder's  house. 
The  good  man  manifested  more  satisfaction  than 
surprise  at  this  military  display.  He  observed  to 
his  companion  that  if  his  house  had  been  as  well 
guarded  on  the  preceding  night,  so  manv  good, 
people  would  not  have  to  be  troubled  now.  The 
house  inhabited  by  Larcher  was  narrow,  but 
rather  deep.  It  consisted  of  a  ground  floor  com- 
posed of  two  rooms,  one  on  the   street   side   which 


34S  FAMOUS    CASES    OF 

was  used  as  a  shop  and  a  dining-room,  the  other 
being  a  workshop.  An  alley  led  to  a  staircase 
which  communicated  with  the  first  floor,  composed 
of  two  more  rooms.  One  of  these  was  Master 
Larcher's  bedroom  :  the  other  contained  the  books 
and  papers  reserved  for  binding.  To  this  last 
room  the  police  officer  asked  to  be  taken.  But 
while  Larcher  was  showing  the  cupboard  wherein 
his  money  had  been  secreted,  M.  de  la  Reynie's 
man  took  quite  another  direction,  and  climbing  up 
to  the  top  of  another  cupboard,  he  brought  down 
a  small  bundle  of  pamphlets  upon  which  a  com- 
missaire,  who  suddenly  turned  up,  pounced  like 
a  vulture. 

Master  Larcher,  greatly  astonished  that  so  much 
attention  should  be  given  to  what  appeared  to 
him  of  no  import  concerning  his  own  business,  was 
pulling  the  officer  by  the  sleeve  to  show  him  how 
the  cupboard  had  been  forced  open.  But  this  last 
gentleman's  manners  toward  him  had  considerably 
changed ;  he  hardly  listened  to  the  man  who,  a 
few  moments  before,  was  treated  by  him  as  an 
intimate  friend. 

However,  the  commissaire  began  to  question 
the  bookbinder.  He  showed  him  the  pamphlets, 
and  asked  if  they  were  his  property. 


CIRCUMSTANTIAL    EVIDENCE.  349 

In  his  impatience,  Master  Larcher  answered 
w;th  some  rashness  that  all  that  was  in  the  house 
belonged  to  mm  or  to  his  clients.  The  com- 
missaire  then  untied  the  bundle,  took  a  copy  of  the 
pamphlet,  thrust  it  under  Larcher's  eyes,  and 
asked  where  it  came  from. 

When  he  read  the  title  of  the  pamphlet,  '  M. 
Scarron's  Ghost,'  of  which  he  as  well  as  others, 
had  heard,  he  turned  white,  trembled,  took  his 
head  in  his  hands,  and  for  a  few  moments 
remained  quite  stupefied.  He,  however,  recovered 
his  powers  of  speech,  and  swore  that  he  had  no 
knowledge  of  the  presence  of  the  fatal  pamphlets 
in  his  shop,  and  that  he  now  saw  them  for  the  first 
time.  M.  de  la  Reynie's  people  shrugged  their 
shoulders  disdainfully.  In  vain  did  he  repeat  his 
assertions  and  try  to  exculpate  himself  by  remind- 
ing them  that  he  himself  had  brought  the  police  to 
his  house  with  the  calmness  of  a  faultless  con- 
science. The  officers  told  him  he  could  explain 
himself  before  his  judges;  and  they  prepared  to 
take  him  away. 

In  a  corner  of  the  apartment,  Jean  Larcher's 
wife,  concealing  her  face  in  her  apron,  was  weep- 
ing and  giving  every  token  of  violent  grief.  As 
Larcher  was  crossing  the  threshold,  he  begged  the 


350  FAMOUS    CASES    OF 

officer  with  whom  he  had  been  at  first  on  friendly 
terms,  to  allow  him  to  say  farewell  to  the  woman 
he  hardly  hoped  to  see  again.  Hardened  as 
he  was,  the  policeman  could  not  refuse  this  slight 
favor ;  he  signed  his  men  to  relent,  and  the 
unfortunate  husband  exclaimed,  "  Marian,  Marian  !" 
But  Madame  Larcher's  sobs  became  more  violent, 
and  she  did  not  seem  to  hear  her  husband's  call. 
Those  who  stood  around  her  pushed  her  towards 
the  prisoner ;  she  hesitated,  and  then  rushing 
into  Larcher's  arms  she  embraced  him  with  many 
demonstrations  of  grief  and  tenderness. 

Jean  Larcher  appeared  alone  at  the  bar.  He 
was  tortured  three  times,  and  he  suffered  with 
more  firmness  than  might  have  been  expected  of 
a  poor  man  already  advanced  in  years.  He  con- 
stantly refused  to  name  his  accomplices.  When 
questioned,  he  said  that  the  death  of  one  innocent 
man  was  enough  for  his  judges,  and  that  he  had 
no  wish  that,  through  him,  the  latter  should  have 
to  answer  for  more  blood. 

Sentenced  to  be  hanged,  he  was  led  to  the 
gibbet  on  Friday,  November  19,  1694,  at  six  o'clock 
in  the  evening.  He  was  seated  in  a  cart  with  a 
man  named  Rambult,  a  printer  of  Lyons,  convicted 
of  a    similar    crime.       Larcher    was    fidgety,    and 


CIRCUMSTANTIAL    EVIDENCE.  35 1 

seemed  filled  with  thoughts  not  relating  to  his 
approaching  end.  He  however  behaved  with  cour- 
age, and  died  protesting  his  innocence. 

Before  dying  he  earnestly  begged  Sanson  the  exe- 
cutioner to  take  a  scapulary  he  had,  and  to  give  it 
to  his  son  if  he  claimed  it.  Some  years  after, 
Sanson  had  an  opportunity  of  accomplishing  the 
poor  man's  wish.  It  led  to  a  fearful  tragedy,  and 
at  the  same  time  to  the  demonstration  of  the  book- 
binder's innocence.  The  scapulary  contained  the 
name  of  a  man  who  was  Master  Jean  Larcher's 
assistant.  Nicolas  Larcher,  the  son,  who  had  been 
in  England,  discovered  that  his  mother  had,  imme- 
diately after  the  execution,  married  the  man  desig- 
nated by  his  father  as  a  culprit.  Seized  with  frenzy, 
he  broke  into  their  house  in  the  dead  of  the  night, 
and  murdered  both  his  mother,  who  confessed  her 
crime,  and  her  second  husband.  The  young  man 
was  arrested,  but  died  in  prison  of  brain  fever. 


FA  MO  US    CASES    OF 


L. 

THE  CASE   OF  JESSIE  M'LACHLAN. 

Mr.  John  Fleming,  an  accountant,  had  a  house 
at  No.  17,  Sandyford  Place,  Glasgow.  He  had 
also  a  cottage  at  Dun.  on,  where  his  family  passed 
the  summer,  and  v  here  he  was  in  the  habit  of 
staying  from  Friday  till  Monday.  Jessie  M'Lach- 
lan,  the  prisoner,  had  been  in  his  service  some 
years  before  the  occurrence  in  question,  but  at  the 
time  of  the  murder  was  living  with  her  husband,  a 
sailor,  in  Glasgow.  On  Friday,  July  4th,  1862, 
Mr.  Fleming  went  to  Dunoon  with  his  son,  leaving 
at  his  house  in  Glasgow  his  father,  Mr.  James 
Fleming,  a  man  of  eighty-seven,  but  still  active 
enough  to  collect  rents,  and  able  to  read  without 
spectacles,  and  his  servant  Jessie  M'Pherson,  a 
woman  of  thirty-five.  On  the  Monday  afternoon, 
Mr.  John  Fleming  and  his  son  returned  to  Sandy- 
ford  Place.  When  they  went  in,  they  found  the 
old  man  in  the   passage,    and  the   son   said  some- 


CIRCUMSTANTIAL    EVIDENCE  353 

thing  to  him  about  some  meat  which  he  had  sent 
in  for  dinner.  The  old  man  answered,  "  There's 
no  use  sending  anything  in  for  dinner,  as  the 
servant  has  run  off,  and  there's  no  one  to  cook  it." 
He  also  told  his  grandson  that  her  door  was 
locked.  Upon  this,  Mr.  John  Fleming  went 
down-stairs,  found  the  servant's  door  locked,  and 
opened  it  with  a  key  belonging  to  the  pantry.  In 
the  room  he  found  the  dead  body  of  Jessie 
M'Pherson,  and  went  at  once  for  the  doctors  and 
the  police,  leaving  everything  as  he  found  it.  The 
state  of  the  room  and  of  the  body  were  minutely 
described  by  Mr.  Fleming,  Dr.  Watson,  Dr. 
Joseph  Fleming,  and  Dr.  M'Leod,  and  by  the 
police  officers  M'Call  and  Campbell.  The  result 
of  their  evidence  is  as  follows: 

The  room  was  on  the  same  floor  as  the  kitchen, 
and  had  two  windows  looking  out  into  the  area. 
When  the  door  was  opened  the  blinds  were  down 
and  half  the  shutters  shut.  The  bed  stood  with  its 
side  against  the  wall,  the  foot  towards  the  door, 
and  the  head  towards  the  window.  The  body  was 
lying  at  the  foot  of  the  bed,  with  the  feet  towards 
the  window,  and  the  head  in  a  slanting  direction 
towards  the  door.  It  was  naked  from  the  small  of 
the  back  downwards.     On  the  upper  part  of  the 


354  FAMOUS     CASES     OF 

body  were  a  shift  and  a  woollen  shift,   and  over  it 
had  been  thrown  a  dark  cloth  or  shawl.      It  had 
upon  various  parts,  as  many  as  forty  wounds,   both 
cuts  and  bruises,   of  every  variety  of  importance. 
The  most  serious  wound  was  behind  the  right  ear, 
where  the  great  vessels  of  the  neck  were  destroyed, 
and  the  skull  was  much  injured.     There  were  be- 
sides this  wounds  which  divided  the  bridge  of  the 
nose.     On     the    scalp    and    forehead    there    were 
wounds  which  divided  the  flesh  and  passed   into, 
but  not  through,  the  skull  ;   and  there  were  many 
other  cuts  of  less  importance  on  the  hands,   arms, 
and    other  parts  of  the  body.     They  appeared  to 
have  been  inflicted  with  an  instrument  edged  but 
blunt,  and  their  depth  showed  that  they  were   not 
given  by  a  strong  person,  but  either  by  a  woman 
or  a  weak  man.     The  jawbone,   however,  was  cut 
through    in   two  places,   which  would  require  con- 
siderable force.      The  bedclothes  were  disarranged, 
and   stained    in    places    with    blood ;    and    a    sheet 
which    had  been  washed,    and    was    marked    with 
blood,  was  found  rolled  up  in  a  corner  of  the  room. 
The  pillows,  also,  were  bloody.     It  was  suggested, 
as  an  inference  from  these  circumstances,   that  the 
bed  had  been  slept    in.      Opposite    the    bed,    and 
near  the  fireplace,  were  three  bloody  footprints  of 


CIRCUMSTANTIAL    EVIDENCE.  355 

the  left  foot.  They  appeared  to  be  prints  of  a 
small,  naked  foot,  with  a  high  instep.  There  was 
also  a  basin  behind  the  door,  containing  some 
bloody  water. 

Along   the  lobby  from  the  kitchen  to  the  bed- 
room there  was  a  mark,   described  by  Dr.   M'Leod 
as  a  trail,  which  looked  as  if  it  had  been  rubbed 
over  but  not  washed.     In  the  kitchen  itself  were 
what  he  and  Dr.   Fleming  described  as  "  evidence 
of  a  severe  conflict."     The  floor,  which  was  made 
of  a  blue  stone,  had  been  partially  washed,   and  in 
the    washed    part    stains    remained,    which     were 
apparently  blood-stains.     There  were  also  impres- 
sions,   "which,"    said    Dr.  M'Leod,    "  I    was    then 
convinced,  and  am  now  convinced,  had  been  con- 
fused footmarks.      If  I  might  be  allowed  to  express 
what  I  mean  by  footmarks,  I  may  state  they  were 
a  sort  of  twists  of  portions  of  the  heels  upon  the 
floor,  with  the  ball  of  the  foot  in  other  cases  marked 
also  upon  the  stone.     There  were  also  marks  of 
blood  on  many  other  parts  of  the  kitchen  and  other 
places  adjacent  to  it.      In  a  drawer  in  the  kitchen 
was  found  a   cleaver  with  marks  of  blood  on   it. 
The    cleaver   might    have    produced    the     injuries 
found    on    the    body.     From    all    these    facts,    the 
medical    witnesses,  who,  by  the    Scotch    law,    are 


356  FAMOUS    CASES    OF 

allowed  to  state  inferences  in  their  report,  inferred 
that  the  deceased  had  been  murdered,  probabh 
within  three  days,  by  some  instrument  like  a 
cleaver ;  that  there  had  been  a  struggle,  and  that 
most  of  the  wounds  had  been  inflicted  whilst  the 
deceased  was  lying  prostrate,  by  a  female  or  a 
weak  man  standing  over  her ;  and  that  the  body 
had  been  drawn  along  the  lobby  to  the  room  in 
which  it  was  found,  the  face  downwards,  and  the 
legs  dragging  along  the  ground.  On  searching 
the  house,  nothing  was  found  to  throw  light  upon 
the  subject ;  but  some  silver  and  a  quantity  of 
plated  articles  were  missed. 

Such  being  the  corpus  delicti,  the  next  question 
was,  Who  had  committed  the  crime  ?  The  prose- 
cutors, of  course,  maintained  that  the  prisoner  was 
the  guilty  person.  She  not  merely  denied  her 
guilt,  but  pleaded  specially,  in  a  manner  which  the 
Scotch  criminal  law  apparently  admits,  though  it  is 
unknown  to  our  own  system,  that  old  Mr.  Fleming 
had  committed  the  murder.  The  evidence  on  the 
part  of  the  prosecution  was  to  the  following  effect : 
— Old  Mr.  Fleming,  according  to  his  own  account, 
returned  to  Sandyford  Place,  after  a  walk,  about 
eight  o'clock  on  the  Friday  evening.  He  had  his 
tea  in  the  kitchen  with   the   deceased,  choosing  to 


CIRCUMSTANTIAL    EVIDENCE.  357 

sit  there  because  there  was  no  other  fire  in  the 
house.  He  stayed  by  the  kitchen  fire  till  about 
half-past  nine,  and  then  went  to  bed.  At  four  in 
the  morning  he  "  was  waukened  wi'  a  lood  sqeel ; 
efter  that  followed  ither  twa  sqeels — no  sae  lood  as 
the  ither ;  but  it  was  a  verra  odd  kind  of  sqeel  I 
heard."  "  All  was  by  i'  the  coorse  of  a  minute's 
time."  He  jumped  out  of  bed.  looking  at  his  watch, 
saw  that  it  was  just  four  a.m.,  and,  hearing  nothing 
more,  went  to  bed,  and  stayed  there  till  he  rose  at 
about  nine.  He  then  went  down,  and  beine  sur- 
prised  at  not  having  seen  the  servant,  who  generally 
brought  him  porridge  before  he  got  up,  knocked  at 
her  door  three  times,  and  tried  it,  but  got  no 
answer.  As  he  went  to  the  door,  he  found  a  pas- 
sage window  into  the  area  standing  open,  and 
closed  it.  He  gave  a  minute  account  of  the  way 
in  which  he  passed  the  Saturday,  Sunday,  and 
Monday  morning,  till  his  son  arrived,  mentioning 
the  persons  who  called,  and  the  places  to  which  he 
went.  If  this  evidence  were  true,  it  would  follow 
that  the  murder  was  committed  at  about  four  o'clock 
on  the  Saturday  morning,  the  time  when  he  heard 
the  cries. 

As  it  was  the  case  for  the  prisoner,  that  Fleming 
had  himself  committed  the  murder,  he  was  cross- 


iSS  FAMOUS     CASES    OF 


amined    at    great  length,   in   order  to  bring  out 
facts  suspicious  in  themselves,  or  assertions  which 
could  be  contradicted  by  others.     The  first  point  to 
which  the  prisoner's  counsel  addressed  themselves 
was  the  old  man's  statement,  that  he  had  lain  in 
bed  till  nine.     He  was  at  first  confident  in  the  cor- 
rectness of  this  statement,  and  added  that  the  first 
person  who  came  to  the  house  on  the  Saturday  was 
the    servant    at    the    next   house,    who  wanted   to 
borrow   a   spade.     But   after  a  great  deal   of  ques- 
tioning, in  the  course  of  which  he  appears  to  have 
become   much   confused,   he  admitted   that  a  man 
came  with  milk  between    eight  and  nine,  that  he 
refused  to  take  any  in,  and  that  the  door-chain  was 
not  up.     He  was  then  pressed   to   give   a  reason 
why  he  did  not  let  the.  servant  open  the  door,  the 
obvious  suggestion  being  that  he  then  knew  that 
she  was  dead.     His  answer  was  that  he  had  been 
over  the  house  just  before  the  milkman  called,  and, 
finding   no  one,    naturally   answered    the   door  on 
hearing  a  knock.     Both  the  milkman  and  his  boy 
(called   as   witnesses    for   the    prisoner)    said    they 
called  at  about  7.45,  and  the  boy  added  that  he  saw 
the  old  man  dressed,  and  that  he  took  the  chain  off 
when  he  spoke    to    him.     Thus,   the  contradiction 
resolved  itself  entirely  into  a  mistake   about  time, 


CIRCUMSTANTIAL    EVIDENCE.  359 

and  a  defect  of  memory  about  the  chain.  If  the 
old  man  got  up  earlier  than  he  thought,  the  whole 
thino-  came  to  nothing. 

He  was  further  pressed  to  explain  why  he  did 
not  get  up  when  he  heard  the  cries.  His  answer 
was,  because  they  stopped.  He  said  that  he  did 
not  send  for  the  police  in  the  morning  because  it 
did  not  occur  to  him.  "  I  was  looking  for  her  back 
every  other  minute,  always  expecting  that  she  had 
gone  away  with  some  of  her  friends.  I  thought 
she  would  come  back.  It  never  occurred  to  me 
trouble,  or  murder,  or  anything  of  the  kind."     . 

"  I  looked  for  her  always  coming  back,  and 
thought  that  if  there  had  been  anything, — drink,  or 
anything — going,  that  she  might  have  been  enticed 
out  with  friends,  yet  she  would  be  back."  No 
other  evidence  whatever  against  old  Fleming,  and 
nothing  that  could  even  attract  suspicion,  was  dis- 
covered in  any  other  part  of  the  inquiry.  One  or 
two  trifling  circumstances  were  brought  forward, 
but  they  were  so  slight  that  they  proved  nothing 
except  the  closeness  of  the  scrutiny  to  which  the 
matter  had  been  subjected.  A  bag  was  found  in 
old  Fleming's  room,  which  had  a  small  mark  of 
blood  upon  it ;  but  the  mark  was  a  very  small  one, 
and  might  have   been   caused  by  any  trifling   acci 


360  FAMOUS    CASES    OF 

dent.  There  was  also  a  little  blood  on  one  or  two 
of  his  shirts ;  but  the  same  observation  applied  to 
them.  Two  or  three  witnesses,  called  for  the  pri- 
soner, deposed  to  having  heard  the  deceased  use 
expressions  which,  it  was  suggested,  implied  that 
she  had  some  cause  to  complain  of  his  conduct. 
Mary  M'Pherson  said  that  Jessie  M'Pherson  had 
told  her  that  "her  heart  was  broken  with  the 
old  man.  He  was  so  inquisitive  that  the  door-bell 
never  could  ring  but  he  had  to  know  who  it  was." 
A  Mrs.  Smith  said  that  she  asked  Jessie  M'Pherson 
how  she  was  in  Fleming's  family  ?  She  said,  "  I 
don't  feel  very  happy  or  comfortable  ;  for  Fleming 
is  just  an  old  wretch — an  old  devil."  She  added, 
"  I  cannot  tell  you  the  cause,  because  Sandy " 
(Mrs.  Smith's  husband)  "  is  with  you."  Whether 
"the  cause"  meant  the  cause  of  Fleming's  being 
an  old  wretch,  or  the  cause  of  her  looking  ill,  on 
which  Mrs.  Smith  had  made  a  remark,  does  not 
appear.  Another  witness,  Elizabeth  Brownlie, 
spoke  of  Jessie  M'Pherson  having  observed  that 
the  old  man  remarked  everything,  and  said  that 
she  spoke  of  him  on  one  occasion  as  "the  old 
devil."  That  he  was  rather  too  inquisitive  about 
her  proceedings  appears  to  have  been  the  only 
definite    complaint    she    made    of  him.       All   this, 


CIRCUMSTANTIAL   EVIDENCE.  361 

which,  in  an  English  court,  could  not  have  been 
given  in  evidence,  is  a  long  way  from  the  point, 
and  far  too  minute  to  build  any  inference  upon  in  a 
matter  of  such  importance. 

Such  was  the  evidence  as  it  affected  Fleming. 
If  his  evidence  were  believed,  it  proved,  as  against 
the  prisoner,  that  the  murder  was  committed  by 
some  other  person  than  himself,  at  four  on  the 
Saturday  morning.  The  great  point  was  to  show 
that  the  prisoner  was  that  person.  When  appre- 
hended, she  was,  according  to  the  Scotch  practice, 
examined  at  length  before  the  sheriff  substitute. 
She  said  that  she  last  saw  Jessie  M'Pherson  on  the 
28th  June  (a  week  before  the  murder)  ;  that  she 
was  not  in  or  near  Fleming's  house  on  the  4th 
July  ;  that  on  that  evening  she  went  out  with  a 
Mrs.  Fraser,  and  came  home  and  let  herself  in  by 
a  latch-key  at  about  a  quarter-past  eleven.  On  the 
stairs  one  John  M'Donald  met  her.  She  then  went 
to  bed  with  her  child.  When  she  got  up  she  went 
out  for  some  coals  ;  and  when  she  came  back  she 
found  that  a  Mrs.  Campbell,  who  lodged  in  the 
house,  had  dressed  her  child  in  her  absence.  The 
greater  part  of  this  was  contradicted  by  Mrs. 
Campbell,  her  fellow-lodger.  She  said  that  she 
saw  the  prisoner  dressed  to  go  out  about  ten  ;    that 


362  FAMOUS    CASES    OF 

when  she  was  dressed,  Mrs.  Fraser  came  in,  and 
shortly  afterwards  she  heard  the  outer  door  shut. 
She  then  went  to  bed,  and  lay  awake  some  time, 
to  be  ready  to  let  in  M'Donald,  the  lodger,  and 
also  Mrs.  M'Lachlan.  M'Donald  (at  the  time  of 
the  trial  in  the  East  Indies)  came  in  about  eleven, 
but  the  witness  saw  nothing  of  Mrs.  M'Lachlan  till 
nine  in  the  morning.  She  woke  at  half  past  five, 
heard  the  child  crying,  found  it  in  bed  alone,  and 
dressed  it.  It  afterwards  fell  asleep,  and  she  put 
it  into  the  bed  again.  She  said  there  was  no  latch- 
key (check-key  the  witness  called  it),  and  never 
had  been  one,  and  that  in  consequence  she  and  the 
prisoner  had  to  let  each  other  in.  Upon  the  mat- 
ter of  the  latch-key  the  witness  was  confirmed  by  a 
Mrs.  Black,  who  proved  that  on  the  Saturday  the 
prisoner  asked  her,  amongst  other  things,  to  "call 
at  a  smith's  to  get  a  check-key  sorted  for  her  front 
door."  About  five  in  the  afternoon  she  asked  a 
Mrs.  Adams  to  come  in  at  nine  or  ten  to  look  after 
her  child,  as  she  was  going  to  see  Jessie.  Mrs. 
Adams  said,  "  I  asked  her  why  she  went  so  late  ? 
She  said  then  that  it  was  the  time  she  has  got 
alone,  as  the  old  man  went  to  bed  about  that  time." 
It  thus  appears  that  the  whole  of  her  statement  as 
to  where  she  was  on  the   nieht  of  the   crime  was 


CIRCUMSTANTIAL    EVIDENCE.  363 

proved  to  be  false,  and  that  on  that  night  she  was 
absent  from  home,  and  that  she  intended  to  £0  and 
see  the  deceased. 

The  next  point  was  of  the  greatest  importance. 
In  her  declaration  before  the  sheriff,  the  prisoner 
said  that  on  the  Friday  evening,  about  a  quarter- 
past  eight,  old  Fleming  brought  a  parcel  to  her 
house  containing  plate,  which  he  directed  her  to 
pawn  in  the  name  of  M'Kay  or  M'Donald.  She 
was  to  raise  3/.  10s.  on  the  plate,  or  more  if  she 
could  get  it.  Fleming  said  that  he  wanted  some 
money  to  go  to  the  Highlands.  She  accordingly 
went  on  the  Saturday,  in  the  middle  of  the  day, 
to  a  pawnbroker,  named  Lundie,  and  borrowed 
from  him  61.  1 5 j-.  on  the  plate,  which  she  pledged 
in  the  name  of  M'Donald,  as  suggested  by  old 
Fleming.  At  a  quarter  to  three  old  Fleming 
called  at  her  house  for  the  money,  and  on  receiving 
it  offered  her  5/.  for  having  done  the  errand. 
She  refused,  but  took  4/.  in  notes  given  by  the 
pawnbroker,  with  which  she  paid  her  rent  to  a  Mr. 
Caldwell.  She  added,  that  at  that  time  she  had 
in  the  house  5/.  10s.  of  her  own,  being  the  re- 
mainder of  a  sum  of  ill.  10s.  given  her  by  her 
brother  some  time  before.  It  was  true  that  she 
pledged  the  plate   at   the  time,   and  place,  and  for 


3<H 


FAMOUS    CASES    OF 


the  amount  stated ;  but  James  Fleming  denied 
totally  that  part  of  the  evidence  which  related  to 
him,  and  several  very  strong  observations  occur 
upon  it.  If  he  had  intended  to  steal  his  son's  plate, 
there  could  be  no  possible  reason  why  he  should 
make  Mrs.  M'Lachlan  an  accomplice.  He  had 
every  opportunity  of  pledging  or  disposing  of  it 
by  himself,  if  he  were  so  inclined.  There  was  no 
proof  at  all  that  he  wanted  to  go  to  the  Highlands. 
If  he  had,  he  would  not  have  given  the  woman  4/. 
out  of  6/.  15^.,  for  such  a  service  as  pledging  the 
plate ;  and  besides,  he  had  at  the  time  no  less  than 
180/.  of  his  own  in  two  banks — 150/.  in  one,  and 
30/.  in  the  other ;  this  was  proved  by  the  bankers' 
clerks.  It  is  incredible  that  under  such  circum- 
stances he  should  act  in  the  manner  described  by 
the  prisoner.  There  was  also  strong  evidence  to 
show  that  the  prisoner's  circumstances  at  the  time 
in  question  were  not  as  she  represented  them  to  be. 
It  was  true  that  her  means  were  good  for  a  per- 
son in  her  station  in  life.  Her  husband  made  30^. 
a  week,  and  they  had  only  one  child,  and  her 
brother  was  in  the  habit  of  giving  her  money  after 
every  voyage  that  he  made  ;  but  notwithstanding 
this,  a  Mrs.  Adams  proved  that  on  the  forenoon  of 
the  Friday   the   prisoner   sent  her  to  pawn  a  look- 


CIRCUMSTANTIAL    EVIDENCE  365 

ing-glass  for  6s.,  with  which  she  was  to  take  a 
cloak  out  of  pawn.  This  was  done,  and  it  is  hardly 
likely  that  it  would  have  been  done  if  she  had  had 
5/.  10s.  in  ready  money  in  the  house  at  the  time. 
Mrs.  Adams  also  proved  that  on  the  Saturday  the 
prisoner  sent  her  to  another  pawnbroker's  (Clark's) 
to  get  her  husband's  clothes  out  of  pawn,  and  gave 
her  2/.  for  that  purpose,  of  which  she  paid  il.  16s. 
6d. ;  and  that  on  the  Monday  she  sent  her  again 
to  Clark's  for  other  clothes,  with  \6s.,  of  which  she 
paid  i$s.  gd.  She  also  paid  her  rent,  or  part  of  it 
(it  is  not  stated  which,  but  4/.  19^.  was  due,)  to  a 
Mr.  Railton,  on  the  Saturday,  between  eleven  and 
twelve.  Mr.  Railton  was  sure  of  the  time,  be- 
cause he  had  to  go  to  the  Royal  Bank  before 
twelve,  and  it  was  paid  before  he  went  to  the  Royal 
Bank.  The  result  is,  that  before  the  Saturday 
morning  her  husband's  clothes  and  other  articles 
were  in  pawn  ;  her  own  cloak  was  in  pawn,  and 
she  had  to  raise  money  on  a  looking-glass  to  re- 
deem the  cloak  ;  and  she  owed  nearly  5/.  for  rent, 
for  which  application  (though  not  pressing  applica- 
tion) had  been  made.  On  the  Saturday  she  took 
all  the  things  out  of  pawn,  and  paid  the  rent  nearly 
three  hours  before  the  time  when,  according  to  her 
statement,  old  Fleming  gave  her  the  4/.     She  thus 


366  FAMOUS    CASES    OF 

paid  in  the  course  of  the  Saturday  morning  either 
7/.  us.  3d.  or  61.  12s.  3d.,  according  as  she  paid 
the  whole  or  only  part  of  the  rent,  at  a  time  when, 
according  to  her  own  account,  she  had  only  5/.  10s. 
in  the  house.  It  is  hardly  possible  to  draw  from 
all  this  any  other  inference  than  that  she  was  al- 
most destitute  on  the  Friday,  stole  the  plate  on  the 
Friday  night,  and  pawned  it  for  her  own  use  on 
the  Saturday.  If  this  be  true,  it  is  all  but  conclu- 
sive, especially  when  it  is  taken  in  conjunction  with 
the  incredible  story  about  old  Fleming. 

The  evidence,  however,  goes  much  beyond  this. 
On  the  Saturday  the  prisoner  bought  a  tin  box, 
which  she  brought  away  from  the  shop  on  the 
following  Tuesday,  and  which  appears,  from  the 
evidence  of  a  ereat  number  of  witnesses  through 
whose  hands  it  passed,  to  have  been  taken  to  Ayr 
first,  and  afterwards  to  have  been  brought  by  thr 
prisoner's  husband  to  Greenock,  to  the  house  of 
Mrs.  Reid,  his  sister.  It  contained  several  dresses, 
which  were  identified  as  the  property  of  Jessie 
M'Pherson,  by  persons  who  were  well  acquainted 
with  them.  The  prisoner's  account  of  the  matter 
was  that  Jessie  M'Pherson  sent  her  these  dresses 
on  the  Friday ;  some  to  be  mended,  and  others 
to  be  dved.     But  when  she  heard  of  the  murder 


CIRCUMSTANTIAL    EVIDENCE.  t,6j 

she  felt  frightened   at  having  the   property  in  her 
possession,   and   sent  them   down  first   to   a   Mrs. 
Darnley,  at  Ayr,  and   then   by  her  husband  to  her 
sister-in-law,  at  Greenock,  that  they  might  be  out 
of  the  way.     She   added   that,  when   her   husband 
heard  of  her  having  the   clothes,  he  wished  her  to 
go    to    the    procurator-fiscal    on    the   subject,    but 
she  was    frightened.     The    whole   of  this  story    is 
highly    improbable,    though,    from    the   nature   of 
the  case,  it  could  not  be  contradicted  by  independent 
evidence.      It  involves  an  admission   that  she   had 
the  clothes   of  the  murdered  woman  in  her  posses- 
sion  and   tried  to  conceal  them. 

Besides  the  evidence  as  to  the  clothes  of  the 
deceased  woman,  important  evidence  was  given 
as  to  the  condition  of  the  clothes  of  the  prisoner. 
On  the  Saturday  she  sent  a  girl  named  Sarah 
Adams  (the  daughter  of  the  woman  who  took  the 
goods  out  of  pawn)  to  the  Glasgow  station  of  the 
Hamilton  Railway  with  a  box,  which  was  to  be 
sent  to  Hamilton,  and  was  sent  to  Hamilton 
accordingly,  addressed  to  Mrs.  Bain  to  be  left  till 
called  for.  On  the  following  Tuesday  or  Wednes- 
day the  prisoner  called  at  the  Hamilton  station, 
and  took  the  box  away  in  her  own  name.  She 
then  went  to  the  house  of  a  friend  named  Chassels, 


368  FAMOUS    CASES    OF 


remained  there  for  some  time,  had   some   tea,    and 
left  the  house  carrying  a  bundle,  which   was   prob- 
ably composed  of  the  contents  of  the   box,    as    she 
got  Mrs.  Chassels'  son  to  take  the  box  itself,  which 
was  empty,  to  a  saddler's  to  be  mended.      She  was 
seen  shortly   afterwards  by   some    other   witnesses 
carrying  a  bundle,   on   the   road   to   a  place   called 
Meikleairnock ;   and  a  little  girl,   called   Margaret 
Gibson,  pointed  out  to  her  a  place  called   Tommy- 
lin  Park,  where  she  could  get  some  water  to  drink. 
She  saw  her  go  in  the   direction   of  the    park.      In 
the  afternoon  a  little  boy,    a  younger  son  of  Mrs. 
Chassels,  met  her   returning  into    Hamilton.      He 
did  not  see   that   she   was   carrying   anything,    but 
she  gave  him  a  handkerchief,  which   she   said   she 
had   picked  up,    and  which   was  like    the    one    in 
which    the    bundle    had    been  wrapped.      On    the 
Sunday,  Margaret   Gibson   was   in   the  Tommylin 
Park,  and  saw  some  flannel  clothing  "  thrust  in   at 
the  root  of  the  edge."     She   pulled   it    out,     and 
found  it  all  over  blood.      She  was   frightened  and 
ran    away,    but   came   back   on   the   Monday  with 
another  girl,    called   Marion   Fairlee.     She    after- 
wards found  some  wincey  and  a   number  of  pieces 
ofcoburg.     A  flannel  petticoat  was   also    found   in 
the  neighborhood.      These  articles    were   identified 


CIRCUMSTANTIAL    EVIDENCE.  369 

by  Mrs.  Adams  as  part  of  the  prisoner's  clothes. 
She   knew  the    petticoat   from   having  washed  it. 

The  prisoner's  account  of  the  transaction  was 
that  she  went  down  to  Hamilton  to  see  a  friend 
whose  name  (she  had  been  lately  married)  she 
believed  to  be  Bain,  but  whom  she  could  not  find. 
She  did  not  explain  why  she  took  clothes  with  her, 
though  she  owned  she  did  take  clothes,  but  not 
those  that  were  found.  She  also  denied  saving-  the 
handkerchief  to  young  Chassels.  It  is  superfluous 
to  point  out  the  lame  and  unsatisfactory  character 
of  this  account.     It  is,  indeed,  no  account  at  all. 

There  was  a  further  point  about  the  prisoner's 
dress.  She  had  a  brown  merino  dress  which  had 
flounces.  Jessie  M'Pherson  also  had  a  brown 
merino  dress  which  had  no  flounces.  On  the  Sat- 
urday, when  Mrs.  Rainy  got  the  prisoner's  own 
brown  merino  dress  out  of  pawn,  the  pris- 
oner had  on  another  brown  merino  dress 
which  she  took  off,  saying  she  would  have  it  dyed 
black,  and  putting  on  her  own  dress.  She  had 
the  other  dress  dyed  black,  and  it  was  identified 
as  Jessie  M'Pherson's  by  two  witnesses,  who  were 
perfectly  familiar  with  her  clothes. 

The    prisoner    had    also    some    crinoline   wires, 
which  she  gave  to  Mrs.  Adams   on    the    Saturday, 


370  FAMOUS    CASES    OF 

saying  that  her  child  had  burnt  the  petticoat  to 
which  they  belonged.  These  wires,  on  being 
microscopically  examined,  were  found  to  be  stained 
with  blood. 

The  only  remaining  piece  of  evidence  against  the 
prisoner  was  that  when  she  went  out  with  Mrs. 
Fraser,  on  the  Friday  night,  she  gave  her  a  glass 
of  rum.  Mrs.  Campbell,  her  lodger,  saw  her  go  to 
a  press  in  her  (Mrs.  Campbell's)  kitchen,  which 
contained  a  bottle  and  a  hand-basket.  On  the 
following  Monday  she  missed  the  bottle,  and  a 
bottle  of  similar  size,  shape,  and  color,  and  with  a 
smell  of  rum  about  it,  was  found  at  the  house  at 
Sandyford  Place  after  the  murder. 

It  should  be  added  with  regard  to  the  bloody 
footprints  on  the  bedroom  floor,  that  the  prisoner 
had  a  high  instep,  and  that  her  feet  were  about  the 
size  of  the  marks,  and  might  have  made  them. 
They  could  not  have  been  made  by  the  deceased, 
whose  feet  were  larger  ;  nor  by  old  Fleming,  whose 
feet  were  not  only  larger,  but  also  too  flat.  One 
of  the  marks  was  very  perfect,  because  it  was  so 
close  to  the  window  that  the  person  who  made  it 
must  have  been  standing,  and  must  therefore  have 
made  a  full  impression.  It  should  also  be  borne  in 
mind,  that  the  prisoner  knew  the  house  at  No.    1 7, 


CIRCUMSTANTIAL     EVIDENCE.  371 

Sandyford  Place,  as  she  had  been  formerly  in 
service  there  herself. 

This  was  the  case  against  the  prisoner.  The 
evidence  in  her  favor  consisted  entirely  of  the 
testimony  of  a  policeman  named  Colin  Campbell, 
who  deposed  that  on  the  Saturday  night  he  saw  two 
women  come  out  of  17,  Sandyford  Place,  by  the 
front  door,  about  half-past  eight  or  a  quarter  to 
nine.  He  saw  them  well.  They  stood  about  five 
minutes,  and  one  went  away  and  the  other  turned 
back.  He  added  that  he  heard  the  door  shut,  and 
saw  a  woman  running  to  shut  it.  He  was  quite 
sure  that  the  prisoner  was  not  one  of  the  women. 
He  was  sure  of  the  day,  because  he  posted  a  letter 
to  his  father  that  night ;  and  he  appears  to  have 
been  sure  of  the  house,  because  he  was  coming  out 
of  No.  18,  and  they  out  of  No.  17. 

This  evidence  demolished  the  whole  case  of  the 
prosecution ;  because,  according  to  old  Fleming, 
there  was  no  living  woman  in  the  house  on  the 
Saturday  evening  to  shut  the  door,  and  no  one  came 
to  the  house  that  night,  except  a  young  man 
named  Darnley,  who  wanted  to  see  Jessie  M'Pher- 
son. 


FAMOUS    CASES     OF 


LI. 

CASE   OF  A  GIRL  AT  LIEGE. 

In  the  year  1764,  a  citizen  of  Liege  was  found 
dead  in  his  chamber,  shot  in  the  head.  Close  to 
him  lay  a  discharged  pistol,  with  which  he  had  ap 
parently  been  his  own  executioner.  Firearms  are 
the  chief  manufacture  of  that  city ;  and  so  common 
is  the  use  of  pistols  at  that  place,  that  every  peasant 
who  brings  his  goods  to  the  markets  there,  is  seen 
armed  with  them  :  so  that  the  circumstance  of  the 
pistol  did  not,  at  first,  meet  with  so  much  attention 
as  it  might  have  done  in  places  where  those  weap- 
ons are  not  in  such  common  use.  But,  upon  the 
researches  of  the  proper  officer  of  that  city,  whose 
duty,  like  that  of  our  coroner,  it  is  to  inquire  into  all 
the  circumstances  of  accidental  deaths,  it  appeared 
that  the  ball,  which  was  found  lodged  in  the  head 
of  the  deceased,  could  never,  from  its  size,  have 
been  fired  out  of  the  pistol  which  lay  by  him  ;  thus 
it  was  clear  that  he   had  been  murdered  ;   nor  were 


CIRCUMSTANTIAL    EVIDENCE.  373 

they  long-  in  deciding  who  was  the  murderer !  A 
girl,  of  about  sixteen,  the  niece  of  the  deceased,  had 
been  brought  up  by  him,  and  he  had  been  always 
supposed  to  have  intended  to  leave  her  his  effects, 
which  were  something  considerable ;  but  the  girl 
had  then  lately  listened  to  the  addresses  of  a  young 
man  whom  the  uncle  did  not  approve  of,  and  he  had, 
upon  that  occasion,  several  times  threatened  to  alter 
his  will,  and  leave  his  fortune  to  some  other  of  his 
relations.  Upon  these  and  some  other  concurrent 
circumstances,  such  as  having  been  heard  to  wish  her 
uncle's  death,  &c,  the  girl  was  committed  to  pris- 
on, and  subjected  to  the  torture ;  but  failing  to  con- 
fess, was  discharged. 

Some  years  afterwards,  her  innocence  became 
manifest,  by  the  confession  of  the  real  assassins,  who, 
being  sentenced  to  the  wheel  for  other  crimes,  con- 
fessed themselves  the  authors  of  this  of  which  the 
girl  had  been  suspected ;  and  that,  several  pis- 
tols having  been  discharged  at  the  deceased,  they 
had,  intending  that  it  should  appear  a  suicide,  laid 
a  pistol  near  him,  without  noticing  that  it  was  not 
the  same  by  which  he  fell. 


374  FAMOUS    CASES    OF 


LIL 
CASE  IN  THE  REIGN   OF  QUEEN  ELIZABETH. 

A  person  was  arraigned  before  Sir  James  Dyer, 
Lord  Chief  Justice  of  Common  Pleas,  upon  an 
indictment  for  the  murder  of  a  man  who  dwelt  in 
the  same  parish  with  the  prisoner. 

The  first  witness  against  him  deposed,  that  on  a 
certain  day,  mentioned  by  the  witness,  in  the 
morning,  as  he  was  going  through  a  close,  which 
he  particularly  described,  at  some  distance  from 
the  path,  he  saw  a  person  lying  dead,  and  that  two 
wounds  appeared  in  his  breast,  and  his  shirt  and 
clothes  were  much  stained  with  blood ;  that  the 
wounds  appeared  to  the  witness  to  have  been 
made  by  the  puncture  of  a  fork  or  some  such  in- 
strument, and  looking  about  he  discovered  a  fork 
lying  near  the  corpse,  which  he  took  up,  and 
observed  it  to  be  marked  with  the  initials  of  the 
prisoner's  name ;  here  the  witness  produced  the 
fork  in  court,  which  the  prisoner  owned  to  be  his. 


«e>-' 


CIRCUMSTANTIAL    EVIDENCE.  375 


The    prisoner   waived    asking    the   witness    any 
vjuestions. 

A  second  witness  deposed,  that  on  the  morning 
of  the  day  on  which   the   deceased  was   killed,  the 
witness  had   risen  very  early  with    an    intention  of 
going   to   a   neighboring  market  town,    which    he 
mentioned  ;   that  as  he  was  standing   in   the    entry 
of  his  own  dwelling  house,  the   street   door   being 
open,  he  saw  the  prisoner   come   by,  dressed   in    a 
suit  of  clothes,  the   color   and   fashion   of  which   he 
described ;     that   he    (the   witness)    was   prevented 
from  going   to   market,    and    that    afterwards    the 
first  witness   brought   notice    to   the   town   of  the 
death   and   wounds   of    the   deceased,    and  of  the 
prisoner's  fork  being  found  near   the   corpse  ;   that 
upon   this   report   the   prisoner   was   apprehended, 
and  carried  before  a  justice  of  peace  ;   that  he,  this 
witness,  followed  the  prisoner  to  the  justice's  house, 
and   attended   his     examination,    during   which   he 
observed  the  exchange  of  clothes  the  prisoner  had 
made  since  the  time  he  had  seen  him  in  the  morn- 
ing; that  on  the  witness  charging  him  with  having 
changed    his    clothes,    he    gave    several     shuffling 
answers,    and    would   have     denied   it ;    that   upon 
witness  mentioning  this  circumstance  of  change  of 
dress,  the  iustice  granted  a  warrant   to   search   the 


Z76  FAMOUS    CASES    OF 

prisoner's  house  for  the  clothes  described  by  the 
witness  as  having  been  put  off  since  the  morning  ; 
that  this  witness  attended  and  assisted  at  the 
search ;  that  after  a  nice  search  of  two  hours  and 
upwards,  the  very  clothes  the  witness  had  de- 
scribed, were  discovered  concealed  in  a  straw  bed. 
He  then  produced  the  bloody  clothes  in  court, 
which  the  prisoner  owned  to  be  his  clothes,  and  to 
have  been  thrust  in  the  straw  bed  with  the  inten- 
tion to  conceal  them  on  the  account  of  their  being 
bloody. 

The  prisoner  also  waived  asking  this  second 
witness  any  questions. 

A  third  witness  deposed  to  his  having  heard  the 
prisoner  deliver  certain  menaces  against  the 
deceased,  whence  the  prosecutor  intended  to  infer 
a  proof  of  malice  prepense.  In  answer  to  this  the 
prisoner  proposed  certain  questions  to  the  court, 
leading  to  a  discovery  of  the  occasion  of  the 
menacing  expressions  deposed  to;  and  from  the 
witness's  answer  to  those  questions,  it  appeared 
that  the  deceased  had  first  menaced  the  prisoner. 

The  prisoner  being  called  upon  for  his  defence, 
addressed  the  following  narration  to  the  court,  as 
containing  all  he  knew  concerning  the  manner  and 
circumstances  of  the  death  of  the  deceased.     "  He 


CIRCUMSTANTIAL   EVIDENCE. 


377 


rented  a  close  in  the  same  parish  with  the  deceased, 
and  the  deceased  rented  another  close  adjoining  to 
it ;  the  only  way  to  his  own  close  was  through 
that  of  the  deceased ;  and  on  the  day  the  murder 
in  the  indictment  was  said  to  be  committed,  he 
rose  early  in  the  morning,  in  order  to  go  to  work 
in  his  close  with  his  fork  in  his  hand,  and  passing 
through  the  deceased's  ground,  he  observed  a  man 
at  some  distance  from  the  path,  lying  down  as  if 
dead  or  drunk  ;  he  thought  himself  bound  to  see 
what  condition  the  person  was  in ;  and  on  getting 
up  to  him  he  found  him  at  the  last  extremity,  with 
two  wounds  in  his  breast  from  which  much  blood 
had  issued.  In  order  to  relieve  him,  he  raised 
him  up,  and  with  great  difficulty  set  him  on  his 
lap ;  he  told  the  deceased  he  was  greatly  con- 
cerned at  his  unhappy  fate,  and  the  more  so  as 
there  appeared  reason  to  think  he  had  been 
murdered.  He  entreated  the  deceased  to  discover 
if  possible  who  it  was,  assuring  him  he  would  do 
his  best  endeavors  to  bring  him  to  justice.  The 
deceased  seemed  to  be  sensible  of  what  he  said, 
and  in  the  midst  of  his  agonies  attempted  to  speak 
to  him,  but  was  seized  with  a  rattling  in  his  throat, 
gave  a  hard  struggle,  then  a  dreadful  groan,  and 
vomiting  a  deal  of  blood,  some  of  which  fell  on  his 


378  FAMOUS    CASES    OF 

(the  prisoner's)  clothes,  he  expired  in  his  arms. 
The  shock  he  felt  on  account  of  this  accident  was 
not  to  be  expressed,  and  the  rather  as  it  was  well 
known  that  there  had  been  a  difference  between 
the  deceased  and  himself,  on  which  account  he 
might  possibly  be  suspected  of  the  murder.  He 
therefore  thought  it  advisable  to  leave  the  deceased 
in  the  condition  he  was,  and  take  no  further  notice 
of  the  matter ;  in  the  confusion  he  was  in  when  he 
left  the  place,  he  took  the  deceased's  fork  away 
instead  of  his  own,  which  was  by  the  side  of  the 
corpse.  Being  obliged  to  go  to  his  work,  he 
thought  it  best  to  shift  his  clothes,  and  that  they 
might  not  be  seen,  he  confessed  that  he  had  hid 
them  in  the  place  where  they  were  found.  It  was 
true  he  had  denied  before  the  justice  that  he  had 
changed  his  clothes,  being  conscious  this  was  an 
ugly  circumstance  that  might  be  urged  against 
him,  being  unwilling  to  be  brought  into  trouble  if 
he  could  help  it.  He  concluded  his  story  with  a 
most  solemn  declaration,  that  he  had  related  no- 
thing but  the  exact  truth,  without  adding  or 
diminishing  one  tittle,  as  he  should  answer  for  it 
to  God  Almighty." 

Being    then    called    upon    to    produce    his  wit- 
nesses,    the    prisoner    answered    with     a     steady, 


CIRCUMSTANTIAL    EVIDENCE.  379 

composed  countenance  and  resolution  of  voice. 
"  He  had  no  witnesses  but  God  and  his  own 
conscience." 

The  judge  then  proceeded  to  deliver  his  charge, 
in  which  he  pathetically  enlarged  on  the  heinous- 
ness  of  the  crime,  and  laid  great  stress  on  the 
force  of  the  evidence,  which,  although  cir- 
cumstantial only,  he  declared  he  thought  to  be 
irresistible,  and  little  inferior  to  the  most  positive 
proof.  The  prisoner  had  indeed  cooked  up  a 
very  plausible  story ;  but  if  such  or  the  like 
allegations  were  to  be  admitted  in  a  case  of  this 
kind,  no  murderer  would  ever  be  brought  to 
justice,  such  deeds  being  generally  perpetrated  in 
the  dark,  and  with  the  greatest  secrecy.  The 
present  case  was  exempted  in  his  opinion  from  all 
possibility  of  doubt,  and  they  ought  not  to  hesitate 
one  moment  about  finding  the  prisoner  guilty. 

The  foreman  begged  of  his  lordship,  as  this  was 
a  case  of  life  and  death,  that  the  jury  might  with- 
draw ;  and  upon  this  motion,  an  officer  was  sworn 
to  keep  the  jury  locked  up. 

This  trial  came  on  the  first  in  the  morning,  and 
the  judge  having  sat  till  nine  at  night  expecting 
the  return  of  the  jury,  at  last  sent  an  officer 
to    inquire    if  they  were  agreed  on  their  verdict. 


38o  FAMOUS    CASES    OF 

Some  of  them  returned  for  answer,  that  eleven  of 
their  body  had  been  of  the  same  mind  from  the 
first,  but  that  it  was  their  misfortune  to  have  a 
foreman,  who  having  taken  up  a  different  opinion 
from  them,  was  unalterably  fixed  in  it.  The 
messenger  had  no  sooner  gone,  than  the  com- 
plaining members,  alarmed  at  the  thought  of  being 
kept  under  confinement  all  night,  and  despairing  of 
bringing  their  dissenting  brother  over  to  their  own 
way  of  thinking,  agreed  to  accede  to  his  opinion, 
and  having  acquainted  him  with  their  resolution, 
they  sent  an  officer  to  detain  his  lordship  a  few 
minutes,  and  then  went  into  court,  and  by  their 
foreman  brought  in  the  prisoner  not  guilty. 

His  lordship  could  not  help  expressing  the 
greatest  surprise  and  indignation  at  this  unex- 
pected verdict ;  and  after  giving  the  jury  a  severe 
admonition,  he  refused  to  record  the  verdict,  and 
sent  them  back  again  with  directions  that  they 
should  be  locked  up  all  night  without  fire  or 
candle.  The  whole  blame  was  publicly  laid  on 
the  foreman  by  the  rest  of  the  members,  and  they 
spent  the  night  in  loading  him  with  reflections, 
and  bewailing  their  unhappy  fate  in  being 
associated  with  so  hardened  a  wretch.  But 
he    remained    inflexible,    constantly    declaring     he 


CIRCUMSTANTIAL    EVIDENCE.  381 

won''.'     suffer     death     rather     than     change     his 
opit1/.  1. 

As  loon  as  his  lordship  came  into  court  next 
morning,  he  sent  again  to  the  jury,  on  which  the 
eleven  members  joined  in  requesting  their  foreman 
to  go  into  court,  assuring  him  they  would  abide 
by  their  former  verdict,  whatever  was  the  con- 
sequence ;  and  on  being  reproached  with  their 
former  inconstancy,  they  promised  never  to  desert 
or  recriminate  upon  their  foreman  any  more. 

Upon  these  assurances  they  proceeded  again 
into  court,  and  again  brought  in  the  prisoner  not 
guilty.  The  judge,  unable  to  conceal  his  rage  at  a 
verdict  which  appeared  to  him  in  the  most 
iniquitous  light,  reproached  them  severely,  and 
dismissed  them  with  the  cutting  reflection,  "  That 
the  blood  of  the  deceased  lay  at  their  doors." 

The  prisoner,  on  his  part,  fell  down  on  his  knees, 
and  with  uplifted  eyes  and  hands  to  God,  thanked 
him  most  devoutly  for  his  deliverance  ;  and 
addressing  himself  to  the  judge,  cried  out,  "  You 
see,  my  lord,  that  God  and  a  good  conscience  are 
the  best  witnesses." 

The  circumstance  made  a  deep  impression  on 
the  mind  of  the  judge  ;  and  as  soon  as  he  had 
retired  from   court,   he  entered    into   conversation 


382  FAMOUS     CASES    OF 


with  the  high  sheriff  upon  what  had  passed,  and 
particularly  examined  him  as  to  his  knowledge  of 
the  foreman  of  the  jury.  The  high  sheriff 
answered  his  lordship,  that  he  had  been  acquainted 
with  him  many  years ;  that  he  ,had  a  freehold 
estate  of  his  own  of  above  ^50  a-year ;  and  that 
he  rented  a  very  considerable  farm  besides ;  that 
he  never  knew  him  charged  with  an  ill  action,  and 
that  he  was  universally  beloved  and  esteemed  in 
his  neighborhood. 

For  further  information,  his  lordship  sent  for 
the  minister  of  the  parish,  who  gave  the  same 
favorable  account  of  his  parishioner,  with  this 
addition,  that  he  was  a  constant  churchman  and 
a  devout  communicant. 

These  accounts  increased  his  lordship's  per- 
plexity, from  which  he  could  think  of  no  expedient 
to  deliver  himself,  but  by  having  a  conference  in 
private  with  the  only  person  who  could  give  him 
satisfaction  ;  this  he  requested  the  sheriff  to  pro- 
cure, who  readily  offered  his  service,  and  without 
delay  brought  about  the  desired  interview. 

Upon  the  foreman  of  the  jury  being  introduced 
to  the  judge,  his  lordship  retired  with  him  into  a 
closet,  where  his  lordship  opened  his  reasons  for 
desiring  that  visit,  making  no  scruple   of  acknowl- 


CIRCUSfSTAXTlAL    EVIDENCE.  3S3 

edging  the  uneasiness  he  was  under  on  account  of 
the  verdict,  and  conjuring  his  visitor  frankly  to 
discover  his  reasons  for  acquitting  the  prisoner. 
The  juryman  returned  for  answer,  that  he  had 
sufficient  reasons  to  justify  his  conduct,  and  that 
he  was  neither  afraid  nor  ashamed  to  reveal  them  ; 
but  as  he  had  hitherto  locked  them  up  in  his  own 
breast  and  was  under  no  compulsion  to  disclose 
them,  he  expected  his  lordship  would  engage  upon 
his  honor  to  keep  what  he  was  about  to  unfold  to 
him  a  secret,  as  he  himself  had  done.  His  lord- 
ship having  done  so,  the  juryman  proceeded  to 
give  his  lordship  the  following  account  :  "  The 
deceased  being  the  tythe-man  where  he  (the  jury- 
man) lived,  he  had,  the  morning  of  his  deceas  ■ 
been  in  his  (the  juryman's)  grounds,  amongst  his 
corn,  and  had  done  him  great  injustice  by  taking 
more  than  his  due,  and  acting  otherwise  in  a  most 
arbitrary  manner.  When  he  complained  of  this 
treatment,  he  had  not  only  been  abused  with 
scurrilous  language,  but  the  deceased  had  struck 
at  him  several  times  with  his  fork,  and  had  actually 
wounded  him  in  two  places,  the  scars  of  which 
wounds  he  then  showed  his  lordship.  The 
deceased  seemed  bent  on  mischief,  and  the  farmer 
having  no  weapon  to  defend  himself,  had  no  other 


3S4  FAMOUS    CASES    OF 

way  to  preserve  his  own  life  but  by  closing  in  with 
the  deceased,  and  wrenching  the  fork  out  of  his 
hands ;  which  having  effected,  the  deceased 
attempted  to  recover  the  fork,  and  in  the  scuffle 
received  the  two  wounds  which  had  occasioned  his 
death.  The  farmer  was  inexpressibly  concerned 
at  the  accident  which  occasioned  the  man's  death, 
and  especially  when  the  prisoner  was  taken  up  on 
suspicion  of  the  murder.  But  the  assizes  being 
just  over,  he  was  unwilling  to  surrender  himself 
and  to  confess  the  matter,  because  his  farm  and 
affairs  would  have  been  ruined  by  his  lying  so  long 
in  jail.  He  was  sure  to  have  been  acquitted  on  his 
trial,  for  he  had  consulted  the  ablest  lawyers  upon 
the  case,  who  all  agreed  that  as  the  deceased  had 
been  the  aggressor,  he  could  only  have  been  guilty 
of  manslaughter,  at  most.  It  was  true  he  had 
suffered  greatly  in  his  own  mind  on  the  prisoner's 
account ;  but  being  well  assured  that  imprisonment 
would  be  of  less  consequence  to  the  prisoner  than 
himself,  he  had  suffered  the  law  to  take  its  course. 
In  order,  however,  to  render  the  prisoner's  con- 
finement as  easy  to  him  as  possible,  he  had  given 
him  every  kind  of  assistance,  and  had  wholly  sup- 
ported his  family  ever  since.  And  to  get  him 
clear  of  the  charge  laid  against  him,  he  had   pro- 


CIRCUMSTANTIAL    EVIDENCE.  3§5 

cured  himself  to  be  summoned  on  the  jury,  and 
set  at  the  head  of  them ;  having  all  along  de- 
termined in  his  own  breast  rather  to  die  himself, 
than  to  suffer  any  harm  to  be  done  to  the 
"prisoner." 

His  lordship  expressed  great  satisfaction  at  this 
account  ;  and  after  thanking  the  farmer  for  it,  and 
making  this  farther  stipulation,  that  in  case  his 
lordship  should  survive  him,  he  might  then  be  at 
liberty  to  relate  this  fact;  that  it  might  be  delivered 
down  to  posterity,  the  conference  broke  up. 

The  juryman  lived  fifteen  years  afterwards  ;  the 
judge  inquiring  after  him  every  year,  and  happen- 
ing to  survive  him,  delivered  the  above  relation. 


386  FAMOUS    CASES    OF 


Lin. 

AN    INNOCENT    SUFFERER. 

About  the  year  1 766,  a  young  woman  who  lived 
as  servant  with  a  person  of  very  depraved  hab- 
its in  Paris,  having  rejected  certain  dishonorable 
proposals  that  he  made  her,  became  the  object 
of  his  revenge.  He  clandestinely  put  into  the 
box  where  she  kept  her  clothes,  several  things 
belonging  to  himself  and  marked  with  his  name ; 
he  then  declared  that  he  had  been  robbed, 
sent  for  a  constable,  and  made  his  depositions.  The 
box  was  opened,  and  he  claimed  several  articles  as 
belonging  to  him. 

The  poor  girl  being  imprisoned,  had  only  tears 
for  her  defence  ;  and  all  that  she  said  to  the  interro- 
gatories was,  that  she  was  innocent.  The  judges, 
who  in  those  days  seldom  scrutinized  any  case 
very  deeply,  pronounced  her  guilty,  and  she  was 
condemned  to  be  handed.  She  was  led  to  the 
scaffold,    and   very    unskilfully    executed,    it    being 


CIRCUMSTANTIAL    EVIDENCE.  3%7 

the  first  essay  of  the  executioner's  son  in  this  hor- 
rid profession.  A  surgeon  bought  the  body  ;  and 
as  he  was  preparing  in  the  evening  to  dissect  it, 
he  perceived  some  remains  of  warmth ;  the  knife 
dropped  from  his  hand,  and  he  put  into  bed  the 
unfortunate  woman  he  was  going  to  dissect.  His 
endeavors  to  restore  her  to  life  succeeded.  At  the 
same  time  he  sent  for  an  ecclesiastic,  with  whose 
discretion  and  experience  he  was  well  acquainted, 
as  well  to  consult  him  on  this  strange  event,  as  to 
make  him  witness  of  his  conduct. 

When  the  unfortunate  girl  opened  her  eyes  and 
saw  the  figure  of  the  priest  (who  had  features 
strongly  marked)  standing  before  her,  she  thought 
herself  in  the  other  world.  She  clasped  her  hands 
with  terror  and  exclaimed,  "  Eternal  Father !  you 
know  my  innocence  ;  have  mercy  on  me  !  "  She 
did  not  cease  to  invoke  the  ecclesiastic,  and  it  was 
long  before  she  could  be  convinced  that  she  was 
not  dead,  so  strongly  had  the  idea  of  punishment 
and  death  impressed  her  imagination. 

The  accuser  was  unexpectedly  confronted  with 
his  victim.  Terrified  by  the  sudden  appearance 
of  one  whom  he  believed  dead,  his  courage  failed 
him,  and  falling  on  his  knees,  he  confessed  his  atro- 
cious crime. 


388  FAMOUS    CASES    OF 


JAY. 
CASE   OF  BLAKE. 

About  the  time  of  the  breaking  out  of  the 
American  Revolution,  there  stood  on  the  road 
between  Albany  and  Schenectady,  a  fantastic  old 
building,  whose  walls  had  been  reared  by  the  sturdy 
hand  of  some  Dutch  architect.  From  the  lowest 
branch  of  a  large  sycamore  in  front  of  this  house, 
hung  a  sign-board,  indicating  that  it  was  a  place  of 
public  entertainment.  It  was  called  the  Blue  Horse, 
and  was  noted  throughout  the  surrounding  country. 

It  was  about  five  o'clock  in  the  afternoon  of  a 
bright  day  in  autumn,  that  a  group  of  some 
half  a  dozen  men  were  collected  in  the  bar  room, 
gossiping  on  the  events  of  the  day.  A  hot  dia- 
logue between  two  of  the  party  was  fast  verging 
into  a  quarrel. 

"Come,  come  —  stop  this,  WicklifTe,"  said  an 
old  man,  "  this  dispute  is  mere  nonsense." 

The  person  whom  he   addressed,   was  a  short, 


CIRCUMSTANTIAL    EVIDENCE.  389 

square-built  man,  with  a  dark  sallow  face,  a  black 
eye,  a  low  wrinkled  forehead,  and  lips  that  worked 
and  twitched,  baring  his  teeth  like  a  mastiff  prepar- 
ing to  bite.     He  was  an  ugly  looking  fellow. 

He  turned  slowly  to  the  old  man,  and  snapping 
his  fingers  in  his  face,  said  with  an  oath,  "  This 
quarrel  with  that  boy,  is  my  affair,  not  yours ; 
don't  meddle  with  what  don't  concern  you." 

The  opponent  of  Wickliffe,  a  young  fellow  of 
three  or  four  and  twenty,  replied  : 

"  Well,  Wickliffe,"  said  he,  "  if  you  will  quarrel, 
I  wont.  I'll  say  no  more  about  this  matter." 
Turning  away,  he  paid  no  more  attention  to  his 
opponent. 

At  last,  however,  Wickliffe  muttered  something 
between  his  teeth,  which  drew  forth  the  cry  of 
"  Shame  !  shame  !"  from  those  around  him. 

"  What's  that  you  say  ?"  said  the  young  man, 
advancing. 

"  Nothing,  nothing,"  replied  several.  "  Don't 
mind  him;  Harry." 

Harry  Blake's  face  became  deadly  pale. 

"  Wickliffe,  I  did  not  hear  what  you  said,  but  I 
dare  you  to  repeat  it.  If  you  do,  and  there  is  one 
word  in  it  that  should  not  be,  this  hour  will  be  the 
bitterest  of  your  life." 


390  FAMOUS    CASES    OF 

His  adversary  did  not  seem  inclined  to  give  up 
the  dispute,  but  repeated,  in  different  language, 
the  insult  he  had  offered  before.  Hardly  were  the 
words  out  of  his  mouth  when  Blake  was  upon  him. 
He  lifted  him  from  his  feet,  and  flung  him  across 
the  room  against  the  opposite  wall.  Wickliffe  lay 
for  a  moment  stunned,  but  on  recovering,  sprang 
to  his  feet,  and  shaking  his  hand  at  Blake,  said, 
"  My  boy,  you  may  take  your  measure  for  a 
coffin  ;  after  this,  you  will  need  one." 

He  then  left  the  room,  and  Blake  would  have 
rushed  after  him,  but  for  being  restrained  by  those 
present. 

They  detained  him  some  time,  reasoning  with 
him  on  the  absurdity  of  quarrelling  with  a  man  of 
Wickliffe's  stamp.  But  at  last  he  left  them — for 
he  had  five  miles  to  ride  home — and  mounting  his 
horse,  was  soon  galloping  along  the  road. 

Soon  after,  two  more  of  the  loiterers  in  the  bar 
room  prepared  to  start  on  their  homeward  way. 
Their  road  lay  in  the  same  direction  as  Blake  and 
Wickliffe  had  taken.  They  were  riding  quietly 
along,  when  on  a  sudden,  a  loud  cry,  from  a  little 
distance,  fell  upon  their  ears.  In  a  moment  it  was 
repeated. 

u  There's    foul    play   here,"    said     one,    named 


CIRCUMSTANTIAL    EVIDENCE.  391 

Walton.      "  Some    one   begging    for    mercy.      Did 
you  hear  the  name  ?" 
"  No." 

"  I   did,  and    it  was   Harry.     Can    Harry  Blake 
be  settling  scores  with  Wickliffe?" 
"  I  hope  not." 

A  dozen    leaps    of  their   horses    brought   them 
round  the   copse    of  trees,  which   had   shut   out   a 
sight  that   made   them   shudder.       Within    twenty 
yards  of  them,  extended  on   his   back,  stone   dead 
lay    Wickliffe.       Bending    over     him    was    Blake 
grasping  a  knife,  which  was  driven  to  the  haft  inu 
his  bosom. 

"  Good  God  !  Harry  Blake  taken  red-handed  **  ., 
a  murder  !"  exclaimed  Grayson.  "  Don't  stab  IV  - 
again  !      Oh  !   Harry  what  have  you  done  !" 

Walton  sprang  from  his  horse,  and  flung  h.n>- 
self  upon  Blake,  exclaiming,  "  I  charge  you  with 
murder !" 

Blake  stared.  "  Me  with  murder?  Are  you 
mad  ?     Why,  I  didn't  kill  him  !" 

"  It  wont  do,"  said  Walton.  "  I  saw  you  with 
the  knife  in  your  grasp — in  his  bosom — and  him 
dead.  This  is  a  sad  ending  of  this  afternoon's 
quarrel.'* 

"Will    you    hear    me?"  said    Blake,    earnestly; 

7 


392  FAMOUS    CASES    OF 

"  and  you,  Grayson,  who  are  older  and  less  im- 
petuous than  Walton,  listen  to  me.  I  came  here 
but  a  moment  before  yourself,  hearing  some  one 
calling  for  help.  I  found  Wickliffe  dead,  with  this 
knife  in  his  bosom,  and  was  endeavoring  to  pull  it 
out,  when  you  came  up.  That  is  the  truth,  so 
help  me,  God!" 

Grayson  shook  his  head.  "  Would  that  I  could 
believe  you,  Harry  ;  but  as  I  hope  to  be  saved,  I 
saw  you  stab  him — I  did." 

Harry  clasped  his  hands,  and  said,  "  And  you  in- 
tend to  swear  to  that,  and  charge  me  with  this 
deed  ?" 

"  There  is  no  help  for  it,  as  I  see,"  said  Grayson. 
"  You  know  I  am  a  magistrate,  and  must  do  my 
duty.  God  grant  you  may  prove  yourself  innocent, 
but  unless  my  eyes  deceive  me,  I  saw  you  stab  that 
man." 

"  If  that  is  your  belief,  God  help  me  !"  said 
Blake ;  "  if  I  am  charged  with  murder,  such  a  fact, 
sworn  to,  would  hang  me.  But  you  have  not 
looked  round  for  traces  of  any  other  murderer.  He 
may  be  hid  somewhere   about  here." 

After  a  fruitless  search  for  some  time,  finding 
only  footprints  corresponding  with  Blake's,  they 
mounted  their  horses,  rode   to   the   nearest  magis- 


CIRCUMSTANTIAL    EVIDENCE.  393 

trate,  delivered  Harry  over  in  due  form  to  the  law, 
and  prepared  to  remove  the  body  of  Wickliffe. 

When  Harry  Blake  was  first  imprisoned,  he 
bore  stoutly  up  against  his  fate.  But  stone  walls, 
and  close,  pent  up  chambers,  with  their  stifling, 
stagnant  air,  and  their  murky  twilight,  are  sure  to 
mildew  the  heart,  and  break  down  strength 
and  hope. 

In  due  time  the  day  of  trial  arrived.  The 
counsel  for  the  prosecution  dwelt  briefly,  but 
clearly,  on  the  facts  already  known.  The  quarrel, 
the  threat,  the  ride  home,  the  discovery  with  the 
murdered  man,  the  footprints  in  the  road, 
corresponding  with  the  prisoner's,  the  testimony 
of  Grayson  that  he  saw  Blake  stab  Wickliffe,  was 
conclusive ;  and  the  jury,  —  after  the  Judge's 
charge,  — without  leaving  their  seats,  returned  a 
verdict  of  "  guilty." 

The  day  of  the  execution  came.  Among  the 
multitude  collected  to  witness  the  sight,  was  Gray- 
son. He  implored  him  to  confess.  "  No,  I  cannot, 
for  I  am  innocent."  These  were  Blake's  last 
words,  and  in  a  few  moments  his  earthly  career 
was  ended. 

About  three  months  after  the  execution,  the 
judge    who  presided  at  the    trial,   received  a  note 


394  FAMOUS    CASES    OF 

from  a  prisoner  under  sentence  of  death,  request- 
ing" to  see  him  without  delay,  as  his  sentence  was 
to  be  carried  into  effect  on  the  day  following.  On 
his  way  thither,  he  overtook  Gravson  p-oing  to 
the  same  place,  having  received  a  like  summons. 
They  were  at  a  loss  to  understand  it.  Arrived, 
they  entered  the  cell  together. 

The  prisoner  was  seated  at  a  wooden  table.  He 
was  tall,  gaunt,  with  sunken  eyes,  and  hollow 
cheeks. 

"You,"  he  said,  turning  to  the  judge,  "presided 
at  the  trial  of  young  Harry  Blake." 

"  I  did." 

"And  you,"  turning  to  Grayson,  "swore  yoi 
saw  him  stab  Wickliffe.  On  your  testimony,  prin- 
cipally, he  was  hung." 

"  I  did.      I  saw  him  with  my  own  eyes  !" 

The  prisoner  uttered  a  low,  sneering  laugh,  and 
turning  to  the  judge  first,  and  then  to  the  witness, 
said,  "  You  sentenced  an  innocent  man  ;  and  you 
rwore  to  a  falsehood.  Harry  Blake  did  not  kill 
Wickliffe.  He  was  as  innocent  of  the  sin  of  murder 
as  you  were  —  more  so  than  you  are  now. 
You  have  blood  and  perjury  on  your  soul,  for  / 
murdered  William  Wickliffe  !"  And  in  a  few  words 
he  described  the  scene,  his  hiding  place,  and  all. 


CIRCUMSTANTIAL    EVIDENCE.  395 

"  God  have  mercy  on  me  !"  exclaimed  Grayson, 
as  he  fell  senseless  to  the  floor. 

It  is  needless  to  go  into  the  details  of  the  prison- 
er's confession,  which  was  so  full  and  clear  that  it 
left  no  doubt  on  the  mind  of  the  judge  that  he  was 
guilty  of  Wickliffe's  murder,  and  that  Harry  Blake 
was  another  of  those  who  had  gone  to  swell  the 
list  of  victims  to  Circumstantial  Evidence. 


396  FAMOUS    CASES    OF 


LY. 
CASE  IN  WARWICK. 

The  following  instructive  case  is  mentioned  by 
Sir  Edward  Coke:     "  In   the  county  of  Warwick," 
says    he,    "  there   were     two     brethren ;    the     one 
having  issue  a  daughter,  and  being  seized  of  lands 
in  fee,  devised  the  government  of  his  daughter  and 
his    lands  until  she  came    to    the    a^e    of  sixteen 
years,    to     his     brother,     and     died.     The     uncle 
brought  up  his  niece  very  well,  both  at  her  book 
and  needle,  etc.     When  she  was  about  eight  or  nine 
years  of  age,  her  uncle,  for  some  offence,  correcting 
her,  she  was  heard  to  say,  '  Oh  !  good  Uncle,   kill 
me    not !'    After  which  time  the  child,  after  much 
inquiry,  could    not   be  heard   of.     Whereupon    the 
uncle,  being  suspected  of  the   murder  of  her,    the 
rather  that   he    was    her    next    heir,     was    upon 
examination,  anno  8  Jac.  Regis,   committed  to  the 
jail  for  suspicion  of  murder  ;   and  was  admonished 
by  the  justices  of  assize  to  find  out  the  child,   and 


CIRCUMSTANTIAL    EVIDENCE.  397 

thereupon  bailed  until  the  next  assizes.  Against 
which  time,  for  that  he  could  not  find  her,  and 
fearing  what  would  fall  out  against  him,  he  took 
another  child,  as  like  unto  her,  both  in  person  and 
years,  as  he  could  find,  and  apparelled  her  like 
unto  the  true  child,  and  brought  her  to  the  next 
assizes ;  but  upon  view  and  examination  she  was 
found  not  to  be  the  true  child ;  and  upon  these 
presumptions  he  was  indicted,  found  guilty,  had 
a  judgment,  and  was  hanged.  But  the  truth  of  the 
case  was,  that  the  child,  being  beaten  over-night, 
the  next  morning,  when  she  should  go  to  school, 
ran  away  into  the  next  county ;  and  being  well 
educated,  she  was  reared  and  entertained  of  a 
stranger ;  and  when  she  was  sixteen  years  old,  at 
which  time  she  should  come  to  her  land,  she  came 
to  demand  it,  and  was  directly  proved  to  be  the 
true  child." 


398  FAMOUS    CASES    OF 


LVI. 
CASE  OF  A  FARMER  AND  HIS  SON. 

A  farmer  was  tried  under  the  special  com- 
mission for  Wiltshire,  in  January,  183 1,  upon  an 
indictment  which  charged  him  with  having 
feloniously  sent  a  threatening  letter,  which  was 
alleged  to  have  been  written  by  him.  That  the 
letter  was  in  the  prisoner's  handwriting  was 
positively  deposed  by  witnesses  who  had  had  ample 
means  of  becoming  acquainted  with  it ;  the  letter  in 
question,  and  two  others  of  the  same  kind  to  other 
persons,  together  with  a  scrap  of  paper  found  in 
the  prisoner's  bureau,  had  formed  one  sheet  of 
paper ;  the  ragged  edges  of  the  different  portions 
exactly  fitting  each  other,  and  the  water-mark 
name  of  the  maker,  which  was  divided  into  three 
parts,  being  perfect  when  the  portions  of  paper 
were  united. 

The  jury  found  the  prisoner  guilty,   and  he  was 
sentenced    to    be    transported    for    fourteen   years. 


CIRCUMSTANTIAL    EVIDENCE.  399 

The  judge  and  jury  having  retired  for  a  few 
minutes,  during  their  absence  the  prisoner's  son,  a 
youth  about  eighteen  years  of  age,  was  brought  to 
the  table  by  the  prisoner's  attorney,  and  confessed 
that  he  had  been  the  writer  of  the  letter  in 
question,  and  not  his  father.  He  then  wrote  on  a 
piece  of  paper  from  memory  a  copy  of  the  contents 
of  the  anonymous  letter,  which,  on  comparison,  left 
no  doubt  of  the  truth  of  its  statement.  The 
writing  was  not  a  verbatim  copy,  although  it 
differed  but  little  ;  and  the  bad  spelling  of  the 
original  was  repeated  in  the  copy.  The  original 
was  then  handed  to  him,  and  on  being  desired  to 
do  so,  he  copied  it,  and  the  writing  was  exactly 
alike. 

Upon  the  return  of  the  learned  judge  the 
circumstances  were  mentioned  to  him,  and  two 
days  afterwards  the  son  was  put  upon  his  trial  and 
convicted  of  the  identical  offence  which  had  been 
imputed  to  the  father.  It  appeared  that  he  had 
access  to  the  bureau,  which  was  commonly  left 
open.  The  writing  of  the  letter  constituted  in  fact 
the  corpus  delicti  ;  there  having  been  no  other  evi- 
dence to  inculpate  the  prisoner  as  the  sender  of  the 
letter,  which  would,  however,  have  been  the  natural 
and  irresistible  inference  if  he  had  been   the  writer. 


400  FAMOUS    CASES     OF 

The  correspondence  of  the  fragment  of  paper 
found  in  the  prisoner's  bureau  with  the  letter  in 
question,  and  with  the  two  others  of  the  same 
nature  sent  to  other  persons,  was  simply  a 
circumstance  of  suspicion,  but  foreign,  as  it  turned 
out,  to  the  factum  in  question  ;  and  considering 
that  other  persons  had  access  to  the  bureau,  its 
weight  as  a  circumstance  of  suspicion  seems  to 
have  been  overrated. 


CIRCUMSTANTIAL    EVIDENCE.  401 


LVII. 
CASE  OF  A  YOUTH. 

A  youth  was  convicted  of  stealing  a  pocket-book 
containing  five  one-pound  notes,  under  very 
extraordinary  circumstances.  The  prosecutrix  left 
home  to  go  to  market  in  a  neighboring  town,  and 
having  stooped  down  to  look  at  some  vegetables 
exposed  to  sale,  she  felt  a  hand  resting  upon  her 
shoulder,  which,  on  rising  up,  she  found  to  be  the 
prisoner's.  Having  afterwards  purchased  some 
articles  at  a  grocer's  shop,  on  searching  for  her 
pocket-book  in  order  to  pay  for  them,  she  found  it 
gone.  Her  suspicion  fell  upon  the  prisoner,  who  was 
apprehended,  and  upon  his  person  was  found  a  black 
pocket-book,  which  she  identified  by  a  particular 
mark,  as  that  which  she  had  lost,  but  it  contained 
no  money.  Several  witnesses  deposed  that  the  pris- 
oner had  long  possessed  the  identical  pocket-book, 
speaking  also  to  particular  marks  by  which  they 
were  enabled  to  identify  it ;   but  some   discrepancies 


402  FAMOUS    CASES    OF 

in  their  evidence  having  led  to  the  suspicion  that 
the  defence  was  a  fabricated  one,  the  jury  returned 
a  verdict  of  guilty,  and  the  prisoner  was  sentenced 
to  be  transported.  During  the  continuance  of  the 
assizes,  two  men  who  were  mowing  a  field  of  oats 
through  which  the  path  lay  by  which  the  prosecutrix 
had  eone  to  market,  found  in  the  oats,  close  to  the 
path,  a  black  pocket-book  containing  five  one-pound 
notes.  The  men  took  the  notes  and  pocket-book 
to  the  prosecutrix,  who  immediately  recognized 
them ;  and  the  committing  magistrate  dispatched  a 
messenger  with  the  articles  found,  and  her  affidavit 
of  identity,  to  the  judge  at  the  assize  town,  who 
directed  the  prisoner  to  be  placed  at  the  bar,  pub- 
licly stated  the  cicumstances  so  singularly  brought 
to  light,  and  directed  his  immediate  discharge.  The 
prosecutrix  must  have  dropped  her  pocket-book,  or 
drawn  it  from  her  pocket  with  her  handkerchief, 
and  had  clearly  been  mistaken  as  to  the  identity  of 
the  pocket-book  produced  upon  the  trial. 


CIRCUMSTANTIAL    EVIDENCE.  403 


LYIII. 

CASE  OF  ABRAHAM  THORNTON.' 

Abraham  Thornton  was  tried  at  the  Warwick 
Autumn  Assizes,  181  7,  before  Mr.  Justice  Holroyd, 
for  the  alleged  murder  of  Mary  Ashford,  a  young 
woman,   who   was   found   dead   in   a   pit  of  water, 

1  This  was  the  famous  "Wager  of  Battle  "  case.  So  much  dissatisfied 
were  the  friends  of  Mary  Ashford,  and  the  community  of  that  district, 
that  an  ancient  law,  which  had  become  almost  obsolete,  was  resorted  to 
in  order  to  obtain  a  new  trial.  According  to  this  ancient  law,  a  re- 
lative or  friend  of  the  deceased  could  appeal  a  case  in  which  the  person 
accused  of  the  murder  was  acquitted,  to  the  King's  Bench  ;  and  the 
brother  of  Mary  Ashford  took  such  an  appeal,  and  on  this  process  was 
issued  by  which  Thornton  was  again  taken  into  custody  and  carried  to 
London,  that  he  might  personally  appear  and  answer  to  the  suit.  And 
here  his  counsel  also  resorted  to  the  ancient  law  to  save  him.  By  the 
same  law,  indeed,  which  had  come  down  from  feudal  times,  it  appeared 
that  Thornton  had  a  right  to  repel  the  appeal  by  a  "wager  of  battle," 
or,  in  other  words,  a  challenge  to  single  combat  between  the  parties. 
Greatly  to  the  astonishment  of  the  judges,  the  bar,  and  all  who  were 
spectators,  and,  indeed,  to  the  whole  civilized  world,  Thornton  availed 
himself  of  this  right,  and  in  the  court  threw  down  his  glove,  according  to 
ancient  custom,  as  a  challenge  to  the  appellant.  Here  was  an  unlooked- 
for  turn  in   the  case ;  but   upon  a   full  examination,    it  appeared    the    law, 


404  FAMOUS    CASES     OF 

about  seven  o'clock  in  the  morning,  with  marks  of 
violence  about  her  person  and  dress,  from  which  it 
was  supposed  that  she  had  been  violated,  and 
afterwards  drowned.  The  deceased's  bonnet  and 
shoes  and  a  bundle  were  found  on  the  bank  of  the 
pit.  Upon  the  grass,  at  the  distance  of  forty 
yards,  there  was  the  impression  of  an  extended 
human  figure,  and  a  large  quantity  of  blood  was 
upon  the  ground  near  the  lower  extremity  of  the 
figure,  where  there  were  also  the  marks  of  large 
shoe  toes.  Spots  of  blood  were  traced  for  ten 
yards  in  a  direction  leading  from  the  impression  to 
the  pit,  upon  a  footpath,  and  about  a  foot  and  a 
half  from  the  path  upon  the  grass  on  one  side  of 
it.  When  the  body  was  found,  there  was  no  trace 
of  any  footstep  on  the  grass,  which  was  covered 
with  dew  not  otherwise  disturbed  than  by  the 
blood ;     from    which   circumstance    it  was   insisted 

however  repugnant  to  the  ideas  of  the  nineteenth  century,  was  still 
unrepealed,  and  must  be  observed;  and  after  long  arguments  by  counsel, 
the  court  decided  that  the  right  of  defence  in  this  way  was  coeval  with  the 
right  to  appeal  such  a  case .  But  young  Ashford  was  a  mere  stripling, 
while  Thornton  was  an  athletic  man,  and  a  personal  combat,  with  such  odds 
against  him,  gave  little  promise  of  any  better  success  in  establishing  the 
guilt  of  the  accused,  than  was  had  at  the  first  trial.  Ashford  therefore 
declined  the  combat,  and  by  the  law  the  appeal  could  not  be  sustained. 
The  ancient  law  which  had  slept  so  long  unnoticed  in  the  vast  accumula- 
tions of  English  law,  was  soon  after  repealed. 


CIRCUMSTANTIAL     EVIDENCE.  4°  5 

that  the  spots  of  blood  must  have  fallen  from  the 
body  while  being  carried  in  some  person's  arms. 
Upon  the  examination  of  the  body,  about  half  a 
pint  of  water  and  some  duckweed  were  found  in 
the  stomach,  so  that  the  deceased  must  have  been 
alive  when  immersed  in  the  water.  There  were 
lacerations  about  the  parts  of  generation,  but 
nothing  which  might  not  have  been  caused  bi- 
sexual intercourse  with  consent.  Soon  after  the 
discovery  of  the  body,  there  were  found  in  a  newly 
harrowed  field  adjoining  that  in  which  the  pit  was 
situated  the  recent  footmarks  of  the  right  and  left 
footsteps  of  the  prisoner  and  also  of  the  footsteps 
of  the  deceased,  which,  from  the  length  and  depth 
of  the  steps,  indicated  that  there  had  been  running 
and  pursuit,  and  that  the  deceased  had  been  over- 
taken. 

From  that  part  of  the  harrowed  field  where  the 
deceased  had  been  overtaken,  her  footsteps  and 
those  of  the  prisoner  proceeded  together,  walking 
in  a  direction  towards  the  pit  and  the  spot  where 
the  impression  was  found,  until  the  footsteps  came 
within  the  distance  of  forty  yards  from  the  pit, 
when  from  the  hardness  of  the  ground  they  could 
be  no  longer  traced.  The  marks  of  the  prisoner's 
running  footsteps  were  also  discovered  in  a  direc- 


4o6  FAMOUS    CASES    OF 

tion  leading  from  the  pit  across  the  harrowed 
field ;  from  which  it  was  contended  that  he  had 
run  alone  in  that  direction  after  the  commission  of 
the  supposed  murder.  The  mark  of  a  man's  left 
shoe  was  discovered  near  the  edge  of  the  pit,  and 
it  was  proved  that  the  prisoner  had  worn  right  and 
left  shoes.  On  the  prisoner's  shirt  and  breeches 
were  found  stains  of  blood,  and  he  acknowledged 
that  he  had  had  sexual  intercourse  with  the  de- 
ceased, but  alleged  that  it  had  taken  place  with 
her  own  consent. 

The  defence  set  up  was  an  alibi,  which,  not- 
withstanding these  apparently  decisive  facts,  was 
most  satisfactorily  established.  The  prisoner  and 
the  deceased  had  met  at  a  dance  on  the  preceding 
evening  at  a  public  house,  which  they  left  together 
about  midnight.  About  three  in  the  morning 
they  were  seen  talking  together  at  a  stile  near  the 
spot,  and  about  four  o'clock  the  deceased  called  at 
the  house  of  Mrs.  Butler,  at  Erdington,  where  she 
had  left  a  bundle  of  clothes  the  day  before.  Here 
she  appeared  in  good  health  and  spirits,  changed 
a  part  of  her  dress  for  some  of  the  garments  which 
she  had  left  there,  and  quitted  the  house  in  about 
a  quarter  of  an  hour.  Her  way  home  lay  across 
certain  fields,  one   of  which  had   been  newly  har- 


CIRCUMSTANTIAL    EVIDENCE.  407 

rowed,  and  adjoined  that  in  which  the  pit  was 
situate.  The  deceased  was  successively  seen  after 
leaving  Mrs.  Butler's  house  by  several  persons, 
proceeding  alone  in  a  direction  towards  her  own 
home,  along  a  public  road  where  the  prisoner,  if 
he  had  rejoined  her,  could  have  been  seen  for  a 
considerable  distance  ;  the  last  of  such  persons 
saw  her  within  a  quarter  of  an  hour  afterwards, 
that  is  to  say,  before  or  about  half-past  four. 

At  about  half-past  four,  and  not  later  than 
twenty-five  minutes  before  five,  the  accused  was 
seen  by  four  persons,  wholly  unacquainted  with 
him,  walking  slowly  and  leisurely  along  a  lane 
leading  in  an  opposite  direction  from  the  young 
woman's  course  towards  her  home.  About  a  mile 
from  the  spot  where  the  prisoner  was  seen,  he  was 
seen  by  another  witness  about  ten  minutes  before 
five,  still  walking  slowly  in  the  same  direction, 
with  whom  he  stopped  and  conversed  for  a  quarter 
of  an  hour ;  after  which,  at  twenty-five  minutes 
past  five,  he  was  again  seen  walking  towards  his 
father's  house,  which  was  distant  about  half  a 
mile. 

From  Mrs.  Butler's  house  to  the  pit  was  a  dis- 
tance of  upwards  of  a  mile  and  a  quarter  ;  and 
allowing  twenty  minutes  to  enable  the  deceased  to 


408  FAMOUS     CASES     OF 

walk  this  distance,  would  bring  the  time  of  her  ar- 
rival at  the  pit  to  twenty-five  minutes  before  five  ; 
whereas  the  prisoner  was  first  seen  by  four  persons 
above  all  suspicion  at  half-past  four  or  twenty-five 
minutes   before  five,    and    the  distance  of   the   pit 
from  the  place  where  he  was  seen  was  two  miles 
and  a  half.      Upon  the  hypothesis  of  his  guilt,  the 
prisoner  must  have  rejoined  the  deceased  after  she 
left  Mrs.  Butler's  house,  and  a  distance  of  upwards 
of  three  miles  and  a  quarter  must  have  been  tra- 
versed by  him,   accompanied  for  a  portion  of  it  by 
the  deceased,  and  the  pursuit,   the  criminal  inter- 
course, the  drowning,  and  the  deliberate  placing  of 
the   deceased's    bonnet,    shoes,    and    bundle,    must 
have  taken  place  within  twenty  or  twenty-five  min- 
utes.    The  defence  was  set  up  at  the  instant  of  the 
prisoner's  apprehension,  which  took  place  within  a 
few  hours  after  the  discovery  of  the  body,  and  was 
maintained   without   contradiction  or  variation   be- 
fore   the    coroner's    inquest    and    the    committing 
magistrates,  and  also  upon  the  trial,  and  no  inroad 
was  made  on  the  credibility  of  the  testimony  by 
which  it  was  supported.     The  various  time-pieces 
to  which  the  witnesses  referred,  and  which  differed 
much   from   each   other,    were   carefully   compared 
on  the   day  after  the  occurrence,  and  reduced  to  a 


CIRCUMSTANTIAL    EVIDENCE.  409 

common  standard,  so  that  there  could  be  no  doubt 
of  the  real  times  as  spoken  to  by  them. 

Thus,  it  was  not  within  the  bounds  of  possibility 
that  the  prisoner  could  have  committed  the  crime 
imputed  to  him  ;  nevertheless  public  indignation 
was  so  strongly  excited  that  his  acquittal,  though  it 
afforded  a  fine  example  of  the  calm  and  unimpas- 
sioned  administration  of  justice,  occasioned  great 
public  dissatisfaction. 


4IO  FAMOUS     CASES     OF 


LIX. 
CASE  OF  JOHN  STRIXGER. 

John  Stringer  was  tried  at  the  Lent  assizes,  held 
at  Kingston,  in  the  county  of  Surry,  in  the  year 
i  765,  before  the  late  Lord  Chief  Baron  Smythe,  for 
the  murder  of  his  wife,  and  found  guilty.  The  trial 
being  on  Saturday,  he  was  ordered  for  execution 
on  the  Monday  following.  The  case  was  thus  : 
Stringer,  a  man  in  low  circumstances,  had  brought 
his  wife,  who  had  long  been  in  an  ill  state  of  health, 
from  London  to  Lambeth,  for  the  benefit  of  the  air: 
here  they  lived  for  some  time ;  generally  in  great 
harmony  ;  but  not  without  those  little  quarrels  and 
scuffles,  so  common  with  persons  in  their  rank  of 
life.  Upon  the  woman's  death,  some  of  the  neigh- 
boring females,  who  had  been  occasionally  wit- 
nesses to  these  little  accidental  bickerings  between 
the  husband  and  wife,  took  it  in  their  heads  that  he 
had  murdered  her,  notwithstanding  she  had  never 


CIRCUMSTANTIAL    EVIDENCE.  411 

been  heard  to  make  the  least  complaint  of  her  hus- 
band during  the  course  of  her  illness ;  and  the  man 
was  brought  to  trial  in  consequence. 

Some  trifling  evidence  being  given  of  the  little 
differences  that  had  arisen  between  them ;  and  the 
opinion  of  a  young  surgeon,  that  some  appearances 
on  the  corpse  were  somewhat  the  appearances  of  a 
mortification,  occasioned  by  bruises  ;  Stringer,  on 
these  slight  circumstances,  was  convicted  and  left 
for  execution  ! 

Mr  Carsan,  a  surgeon  of  great  experience  in  the 
neighborhood,  (and  still  living  there,)  had,  on  the 
report  of  the  murder,  from  mere  curiosity,  examined 
the  body,  and  was  so  clear  that  there  were  no 
marks  of  violence  thereon,  that  he  had  not  the 
least  apprehension  of  the  possibility  of  Stringer's 
being  convicted :  but  hearing  of  the  conviction, 
confident  of  the  innocence  of  the  unhappy  man, 
and  actuated  by  the  love  of  justice  and  humanity, 
he  instantly,  on  the  Sunday,  waited  on,  and  repre- 
sented the  case  to  the  Archbishop  of  Canterbury. 
His  grace  gave  Mr.  Carsan  a  letter  to  Baron 
Smythe  ;  who,  convinced,  by  his  statement  of  the 
matter,  that  himself  and  the  jury  had  been  too  pre- 
cipitate in  forming  an  opinion  of  the  guilt  of 
Stringer,  granted  an  immediate  respite  ;  which  gave 


412  FAMOUS    CASES    OF 

Mr.  Carson  an  opportunity  of  laying  the  whole 
case  before  his  majesty,  and  he  had  the  satisfaction 
of  saving  an  innocent  man  from  an  undeserved  and 
ignominious  death. 


LX. 
A  CASE  IN  MAINE.* 


In  1834,  while  residing  in  Maine,  I  went  to 
Wiscasset  to  attend  the  Circuit  Court  of  the  United 
States.  Soon  after  entering  the  Court-house  a 
straneer  came  to  me  and  said  he  wished  to  ena-acre 
me.  We  stepped  into  a  lobby,  and  I  asked  him 
what  the  case  was  ;  in  reply,  he  said  that  his  name 
was  Merriam,  that  he  was  postmaster  at  Camden, 
and  that  he  had  been  bound  over  on  a  charge  of 
abstracting  money  from  the  mail.  I  said,  "If 
you  are  bound  over,  you  have  had  a  hearing  be- 
fore a  magistrate.  What  was  the  evidence  in  that 
hearing  ?  Tell  me  as  fully  as  you  can."  He  re- 
plied that  there  were  three  witnesses  against  him — 
Mr.  Mitchell,  the  postmaster  at  Portland,  Mr. 
Pickard,  the  mail  contractor,  and  the  driver  of  the 
stage. 

*  This  case  is  from  a  report  of  Peleg  Sprague,  Esq.,  and  his  statement  is 
given  verbatim. 


CIRCUMSTANTIAL    EVIDENCE.  413 

Mr.  Mitchell  testified  that  letters,  containing 
money,  having  been  several  times  lost  from  the 
Eastern  mail,  he  was  employed  by  the  Postmaster- 
General  to  detect  the  offenders  ;  that  for  that  purpose 
he  went  to  Belfast,  and  there  he  and  Mr.  Pick- 
ard,  the  mail  contractor,  prepared  a  letter 
addressed  to  Gen.  McLellan,  of  Bath,  purporting 
to  contain  a  remittance  from  a  debtor  ;  that  into 
this  letter  they  put  a  sum  of  money,  in  bank  bills, 
and  made  it  up  in  such  a  manner  as  to  appear  to 
contain  something,  and  be  easily  distinguished 
from  other  letters ;  that  they  put  it  into  the  mail- 
bag,  which  was  taken  by  the  driver  into  the  stage  ; 
that  they  [Mitchell  and  Pickard]  took  a  chaise, 
and  accompanied  the  stage,  leaving  Belfast  in  the 
night;  that  they  arrived  at  a  Post-office  between 
Belfast  and  Camden  ;  that  the  bag  was  carried  into 
the  office,  and  in  due  time  brought  out,  and  then 
examined  by  all  three,  Mitchell,  Pickard,  and  the 
driver,  and  the  letter  to  McLellan  was  found  in  it ; 
that  they  then  proceeded  on  their  way  till  they 
came  to  the  Post-office  in  Camden  ;  that  the  mail- 
bag  with  the  letter  to  McLellan  in  it  was  taken 
into  the  office,  and,  after  the  usual  time,  was 
brought  out  and  put  into  the  stage ;  that  they 
then  drove  some   distance  from   the  village,    there 


414  FAMOUS    CASES    OF 

stopped,  took  the  bag  from  the  stage  and  carried  it 
to  the  chaise,  and  there  they  opened  the  bag,  took 
out  all  the  letters  and  papers,  and  placed  the  letters 
on  one  end  of  the  seat  of  the  chaise  and  the  papers 
on  the  other,  and  then  they  examined  the  bag ; 
that  they  took  each  letter  and  each  paper  by  itself, 
and  put  them  back  into  the  bag,  and  the  letter  to 
Gen.  McLellan  was  not  there.  The  bagf  was  then 
taken  by  the  driver  to  the  stage,  and  he  proceeded 
on  his  way.  Mitchell  and  Pickard  returned  to  the 
village  and  had  the  postmaster  arrested  for  abstract- 
ing money  from  the  mails. 

Mr.  Pickard  testified  to  the  same  facts,  confirm- 
ing Mr.  Mitchell  in  every  particular. 

The  driver  also  was  a  witness,  and  confirmed 
all  that  had  been  testified  as  to  his  participation 
in   the   business. 

In  answer  to  questions,  Merriam  stated  that  all 
three  of  the  witnesses  swore  that  the  letter  to  Gen. 
McLellan  was  in  the  mail-bag  when  it  went  into 
the  office  at  Camden,  and  was  not  in  the  bag, 
when  it  came  out ;  and  the  driver  testified  that  there 
was  no  one  in  the  office  but  the  postmaster.  I 
asked  my  client  what  evidence  he  had.  He  replied 
that  he  had  not  any  evidence.  I  then  asked  him 
what  he  had  to   say.      He   answered  that    all  he 


CIRCUMSTANTIAL    E  VIDENCE.  4 1 5 

could  say,  was,  he  was  in  his  office  that  morning 
alone.  The  mail-bag  was  brought  to  him ;  he 
opened  it  as  usual,  took  out  the  letters  for  Camden, 
put  in  those  that  were  to  go  forward,  closed  the  bag, 
locked  and  delivered  it  to  the  driver,  who  carried  it 
away,  and  that  was  all  he  knew  about  it. 

Such  was  the  case  of  my  client  as  presented  by 
himself.      What    was  my  duty  ?     It  was    true,    he 
denied  that  he  was  guilty,  but  so  can  every  crimi- 
nal,  and  all  do  who  employ  counsel.      He  admitted 
that  he  had  not  the  slightest  evidence  to  offer  against 
the  testimony  of  three   respectable   witnesses,    and 
that    he  had  not  a    word   to    say    in    explanation. 
Ought    I    to    have  flared   up   with  virtuous  indig- 
nation, and  at  once  refused  to  aid  a  man  to  escape 
punishment  who  was  so  palpably  guilty  ?     That  was 
not  my  course  ;  but  after  reflecting  a  few  minutes,  I 
said:   "Have  you  ever  caused  inquiry  to  be   made 
of  Gen.  McLellan  whether  he  received  that  letter  ?" 
He    replied,    "  No,    I     never    thought    of  such     a 
thing."     I  then  advised  him  to  send  a  person  im- 
mediately to  Bath  and  ask  Gen.  McLellan  if  he  had 
any  knowledge  of  such  a  letter,  and  also  to  make 
the  same  inquiry  of  the  postmaster  at  Bath.      He 
sent  a  man  accordingly,  who  in  due  time  returned 
and  reported  that  Gen.   McLellan  said  that  he  did 


4i  6  FAMOUS    CASES    OF 

receive  such  a  letter  on  a  day  which  he  named,  and 
which  was  a  short  time  only  before.  When  he 
received  the  letter  he  had  no  recollection  of  the 
writer,  but  supposed  it  was  all  right. 

The  messenger  then  went  to  the  postmaster, 
who  said  that  he  recollected  such  a  letter,  that  it 
came  by  the  Eastern  mail,  on  a  day  which  he 
named,  that  he  opened  the  mail-bag  himself,  and 
seeing  a  letter  directed  to  Gen.  McLellan,  which 
looked  as  if  it  might  have  money  in  it,  he  did  not 
like  to  have  it  lying  in  his  office,  and  sent  it  by  his 
boy  to  the  General.  The  time  when  the  letter 
reached  the  postmaster  of  Bath,  and  Gen.  McLel- 
lan, as  stated  by  them,  was  the  afternoon  of  the 
day  on  which  it  passed  through  Camden.  On  re- 
ceiving this  intelligence,  I  went  to  the  District 
Attorney,  Mr.  Shepley,  stated  what  information  we 
had  obtained,  and  requested  him  to  subpoena  Gen. 
McLellan  and  the  postmaster  at  Bath  to  go  before 
the  Grand  Jury.  He  did  so,  and  the  result  was 
that  no  indictment  was  found,  and  my  client  was 
discharged. 


CIRCUMSTANTIAL    EVIDENCE.  417 


LXL 
CASE  OF  HENRY  UPTON  AND  JOSEPH  SWIFT. 

On  the  night  of  the  6th  of  January,  i860,  Dr. 
Matlack's  house  at  Germantown,  Pa.,  was  burglar- 
iously entered  by  persons  then  unknown,  and  rob- 
bed of  coats,  boots  and  other  clothing- 
Thomas  Gilbert,  Joseph  Swift,  and  Henry  Up- 
ton, were  engaged  the  same  night  in  cleaning  out 
a  cess-pool,  not  more  than  a  quarter  of  a  mile 
from  the  house  where  the  burglary  was  committed. 
Marks,  as  of  privy  filth,  were  found  on  the  under 
side  of  one  of  the  window-shutters,  which  had  been 
pried  off  with  a  coulter,  that  was  afterwards  found 
in  a  dry  culvert  under  the  railroad,  about  three 
hundred  yards  from  the  house.  Evidence  was  pre- 
sented that  Gilbert,  Swift,  and  Upton  had  but  one 
load  to  take  from  the  well  at  12  o'clock,  and  that 
they  did  not  get  home  till  at  or  near  three  o'clock. 
Two  sets  of  tracks  through  the  snow  were  traced 
by  the  police  from  the  house  robbed  across  the  field, 


4i  8  FAMOUS    CASES     OF 

to  the  house  of  Gilbert.  The  boot  of  Upton,  which 
he  had  worn  that  night,  was  tried  by  the  policeman, 
and  he  swore  it  fitted  exactly  into  one  set  of  the 
tracks.  Also,  that  the  boot  was  loaded  with  large 
nails,  which  had  made  a  distinct  impression  in  the 
snow,  and  in  pressing  down  the  boot  there  was  no 
change  made  in  the  nail  prints. 

A  police  officer  questioned  Gilbert  as  to  where 
the  goods  were,  and  Gilbert  told  him  the  street 
they  were  in,  but  could  not  tell  the  house.  He 
also  said  to  the  officer  that  Swift  did  not  do  it,  but 
that  he  and  Upton  did  it.  The  officer  believed 
him  to  be  of  sound  mind  when  this  statement  was 
made,  though  he  died  soon  after  and  before  trial, 
in  the  same  station-house,  of  delirium  tremens. 
The  goods  were  not  found.  The  defendants,  Swift 
and  Upton,  were  tried  and  convicted.  Reasons 
were  filed  for  a  new  trial.  A  new  trial  was  grant- 
ed to  Swift,  and  denied  to  Upton.  Upton  was 
sentenced  to  two  years  in  the  penitentiary.  About 
the  time  Upton  was  sentenced,  the  police  took  a 
young  German,  named  Peter  Miller,  into  custody, 
for  a  burglary  in  the  house  of  Mr.  Powers.  They 
spoke  of  the  arrest  and  conviction  of  Swift  and 
Upton  in  his  presence,  which  induced  him  to 
say,    "  Ha !    they    got  the    wrong  man  that   time." 


CIRCUMSTANTIAL    EVIDENCE.  419 

This  remark,  of  course,  induced  the  officers  to 
question  him  further.  He  was  a  little  shy  at  first, 
but  after  solicitation,  he  made  full  statements, 
which  were  verified  to  the  satisfaction  of  all  par- 
ties, disclosing  the  following  facts  : 

On  the  night  of  January  6th,  a  bright  moonlight 
night,   Peter  Miller  walked  out  of  the  city    along 
the  Germantown  Railroad,  to  Nicetown  lane — went 
west  on  that  lane  about  three  hundred  yards,  to  the 
farm-house  of  George  Crager,  farmer  and  trucker 
— went  to  the  wagon-house  shed,  took  out  a  dirty 
coulter  from  a  plough,  which  had  probably  been  last 
used  in  ploughing  privy  filth — took   the   coulter   to 
Dr.  Matlack's,  pried  off  the  shutters,  went  in,  stole 
the  goods,  came  out,  and  threw  the  coulter  under 
the  culvert,  where  it  was  found  by  the  police,   and 
went   back   to    the    city    with    the  goods.     These 
facts  were  proved  to  the  satisfaction  of  the  party 
robbed,  in  this  way :  Miller  was  taken  from  the  pri- 
soner's dock  in  the  court-room  out  to  Germantown, 
to    Alderman   King's   office,    where    he    described 
to    Dr.   Matlack    and    Mr.    Maule,  who    lived    in 
the  house,   the  internal  arrangement  of  the  parlor 
and  kitchen,   the  clock   on  the  mantel,  and  many 
other  things,  after  which   he  was  taken  to  the  end 
of  Penn  street,  on  which  the  robbed  house  stood 


420  FAMOUS    CASES    OF 

He  soon  came  to  a  house  somewhat  resembling  it, 
started  towards  it,  and  then  stopped,  and  said,  "  No, 
that's  not  it ;  "  he  went  on  further,  then  paused — 
looked — "That's  it."  Showed  just  where  he  got 
in,  how  he  got  out ;  showed  a  scratch  on  the  under 
side  of  the  drawer  casing,  which  the  robbed  party 
had  not  discovered — told  them  also  of  things  he  had 
taken,  which  till  then  they  had  not  missed,  but 
which  they  found  were  really  gone  ;  told  Mr.  Maule 
that  he  was  up  in  his  room  in  the  second  story,  and 
described  the  position  of  his  bed — then  went  and 
showed  where  he  had  thrown  the  coulter  under  the 
culvert,  and  then  where  he  had  got  the  coulter 
from  ;  and  upon  inquiring  of  the  farmer,  he  stated 
that  he  had  missed  the  coulter  a  day  or  two  after 
Miller  said  he  had  taken  it.  There  could  have 
been  no  possible  chance  of  collusion  between  these 
parties.  Gilbert  died  a  short  time  after  the  robbery, 
and  was  all  the  time  in  custody.  Swift  and  Upton 
were  also  in  custody  till  after  Miller's  arrest  for  the 
burglary  of  Mr.  Power's  house.  These  facts  satis- 
fied the  robbed  party,  the  District  Attorney  and 
the  Judge  who  tried  the  cause,  and  Upton  was  par- 
doned. Miller  was  arraigned  for  this  same  bur- 
glary of  which  Swift  and  Upton  had  been  convicted 
and  pleaded  guilty. 


CIRCUMSTANTIAL    EVIDENCE.  421 


LXII. 

CASE  m  OHIO. 

Several  years  since  a  man  residing  about  sev- 
enty miles  from  Cincinnati,  died  from  the  effects  of 
poison,  and  suspicion  resting-  on  a  near  neighbor,  he 
was  arrested  and  brought  to  trial      The  wife  of  the 
deceased  made  positive  oath  that  the  prisoner  at  the 
bar  was  at  her  house  previous  to  the  sickness  of  her 
husband,  and  administered  the  poison  in  a  cup  of 
coffee,  as  she  had  reason  to  believe.     It  was  also 
proven  that  the  prisoner  purchased  poison  in  Cin- 
cinnati, about  that  time,  of  the  description  found  in 
the  stomach  of  the  deceased.     In  defence,  the  pris- 
oner admitted    that  he  purchased  the  poison,  but 
declared  that  he  had  purchased  it  for  the  woman 
who  swore  against  him,   and  who  said,  when  she 
sent  for  it,  that  she  wished  to  employ  it  to  extermi- 
nate   rats ;  that  he  gave  it  into  her    hand  on  his 
return,  and  was  utterly  ignorant  of  when  or  how  it 
was  administered  to  her  husband. — This  story,  how- 


422  FAMOUS     CASES     OF 

ever,  availed  nothing  with  the  jury.  The  woman 
was  a  religious  woman,  and  her  story  was  entitled 
to  credit.  He  was  accordingly  convicted  and  hung, 
protesting  his  innocence  to  the  hour  of  his  death. 
A  few  years  passed,  and  the  guilty  woman  con- 
fessed, not  long  before  her  death,  that  she  was  the 
guilty  person,  and  that  the  man  who  was  executed 
knew  nothing  of  the  circumstances  of  the  murder. 


CIRCUMSTANTIAL    EVIDENCE.  423 


LXIII. 
CASE  OF  WILLIAMS. 

Of  instances  of  mistaken  identity  we  select  the 
following,  occurring  in  Benton,  Illinois,  in  1866.  A 
skeleton  was  found  in  the  woods,  and  the  jury  of 
inquest  found  it  to  be  the  skeleton  of  a  young  man 
named  Henry  Mahorn,  who  was  supposed  to  have 
enlisted  in  the  army  ;  but  on  inquiry  it  was  found 
that  he  had  not  been  heard  from  subsequent  to  the 
time  of  his  supposed  enlistment,  which  corroborated 
the  finding  of  the  jury.  The  clothing  attached  to 
the  body  was  identified  as  having  belonged  to  Ma- 
horn, and  certain  teeth  were  found  to  have  been 
extracted  during  his  lifetime,  which  teeth  were 
found  wanting  in  the  skeleton.  A  young  man 
named  Daniel  Williams  was  last  seen  in  the  com- 
pany of  Mahorn,  being  on  their  way  to  enlist  as 
substitutes.  Williams  returned  and  reported  that 
Mahorn  had  enlisted  in  the  10th  Missouri  Volun- 
teers. This  was  found  to  be  false,  and  Williams 
9 


424 


FAMOUS     CASES    OF 


was  arrested  and  brought  before  Judge  Duff  for 
trial.  The  circumstances  pointing  to  the  guilt  of 
the  prisoner  were  so  strong  that  nine-tenths  of  the 
community  were  satisfied  of  his  guilt.  In  the 
midst  of  the  trial  Henry  Mahorn  appeared  in  the 
court  room,  to  the  utter  astonishment  of  all,  he 
having  enlisted  under  an  assumed  name,  and  being 
discharged  by  reason  of  expiration  of  time  of  service, 
had  returned  to  learn  of  his  supposed  death.  The 
prisoner  was  so  overcome  at  his  unexpected  and 
apparently  providential  deliverance,  that  he  wept 
like  a  child.  The  Judge  at  once  ordered  his  re- 
lease. 


CIRCUMSTANTIAL    EVIDENCE.  425 


LXIV. 
CASE  OF  MORRIS. 

In  July,  1859,  there  lived  near  Pontlac,  in  Liv- 
ingston county,  Illinois,  a  farmer  and  his  family, 
named  Murphy.  The  family  lived  near  Rook's 
Creek,  on  the  line  of  the  Chicago,  Alton  and  St. 
Louis  Railroad,  and  their  eldest  daughter,  Mary 
Murphy,  was  employed  as  a  domestic  in  Pontiac,  a 
distance  of  five  or  six  miles  from  her  home.  She 
had  spent  Saturday  at  home,  and  on  Sunday  after- 
noon left  her  father's  house  to  return  to  her  place 
of  service  at  Pontiac,  following  the  railroad  track, 
and  walking  the  distance  alone.  She  was  afterward, 
and  on  the  same  day,  seen  within  about  two  miles 
from  Pontiac,  going  in  that  direction.  This  was 
the  last  seen  of  Mary  Murphy  alive.  Her  body 
was  found  eighteen  days  later,  lying  near  the  rail- 
road track,  and  bearing  evidence  of  having  been 
murdered. 

In    Bloomington     there    lived    a    negro     named 


426  FAMOUS    CASES    OF 

Wiley  J.  Morris.  On  the  Saturday  prior  to  the 
Sunday  when  Mary  Murphy  was  last  seen  alive,  he 
was  engaged  in  a  fight,  and  Morris  whipped  his  an- 
tagonist so  badly  that  he  (Morris)  left  Bloomington, 
bearing  some  blood  stains  on  his  clothes.  He  was 
seen  walking  on  the  railroad  track  toward  Pontiac 
on  the  fatal  Sunday,  about  one  mile  behind  Mary 
Murphy  when  she  was  last  seen  alive.  He  was 
seen  the  same  evening  in  Pontiac,  when  he  told 
that  he  had  been  in  a  fight  at  Bloomington,  and 
was  escaping  from  the  officers.  From  there  he 
went  to  Joliet,  wearing  the  blood-stained  garment. 
From  Joliet  he  went  to  Michigan.  After  the  body 
of  Mary  Murphy  had  been  found,  the  fact's  concern- 
ing Morris  were  learned,  and  the  theory  was  formed 
that  he  had  overtaken  the  girl  on  the  railroad  track 
and  murdered  her  ;  and  it  soon  settled  into  a  firm 
conviction  in  the  minds  of  the  people.  Morris  was 
traced  up  and  arrested  in  Michigan  in  the  early 
part  of  i860,  and  taken  to  Bloomington  for  safe 
keeping.  At  the  next  Grand  Jury  of  Livingston 
county  he  was  indicted  for  the  murder  of  the  girl, 
having  previously  undergone  a  preliminary  exami- 
nation before  Justice  Streamer,  who  held  him  on 
the  charge  of  murder  without  bail.  Morris  pro- 
tested his  innocence  from  the  moment  of  his  arrest 


CIRCUMSTANTIAL    EVIDENCE.  427 

He  had  no  money,  and  had  difficulty  in  obtaining 
his  witnesses  and  in  getting  them  to  attend  court 
from  Bloomington,  Joliet,  and  from  Michigan.  A. 
E.  Harding,  of  Pontiac,  became  interested  in  Morris 
and  became  convinced  that  he  was  innocent,  and 
he  was  almost  the  only  person  in  Pontiac  that  was 
not  ready  to  hang  him.  Mr.  Harding  agreed  to 
defend  him. 

The  trial  came  on  at  the  September  term,  i860. 
A  jury  was  selected  in  the  county  where  the  murder 
was  committed.  The  evidence  was  all  circumstan- 
tial, yet  the  jury  partook  of  the  popular  prejudice 
and  belief,  and  eleven  were  for  conviction  ;  but  one, 
Mr.  Russ,  a  cool-headed  and  clear-minded  man, 
held  out,  much  to  the  disgust  of  the  detectives,  and 
the  disappointment  of  the  people. 

A  change  of  venue  was  applied  for  by  Mr. 
Harding,  in  behalf  of  his  client,  on  account  of  the 
prejudice  of  the  people  of  Livingston  county.  The 
court  granted  the  change  of  venue,  and  the  cause 
was  sent  to  Kankakee  county  for  trial,  and  Morris 
was  sent  to  the  Kankakee  jail.  The  cause  came 
on  for  trial  at  the  April  term,  1861;  the  same  Judge 
presiding  that  presided  over  the  former  trial.  The 
proof  did  not  show  that  the  accused  was  seen  within 
a  mile  of  the  murdered  girl.     The  theory  was  that 


428  FAMOUS    CASES    OF 


he  was  walking  in  the  same  direction  with  the  girl, 
and  was  walking  faster  than  she  was,  and  had 
overtaken  her.  The  facts  were  that  he  was  seen  a 
mile  from  her  by  some  railroad  laborers,  and  there 
was  a  possibility  that  he  might  have  overtaken  her 
at  about  the  place  where  her  body  was  found.  He 
proved  that  he  had  a  fight  at  Bloomington  on  the 
Saturday  previous,  and  got  the  blood  on  his  clothes 
that  was  seen  at  Pontiac  and  Joliet.  The  people  of 
Pontiac  were  so  firmly  convinced  of  his  guilt  that 
they  brought  every  witness  who  knew  any  fact  that 
was  against  the  negro.  Many  came  here  as  spec- 
tators. The  story  of  the  girl's  murder  was  in  every 
mouth.  Morris  was  found  guilty.  The  court  re- 
fused to  disturb  the  verdict  of  the  jury,  and  Wiley 
J.  Morris  was  condemned  to  be  hung  on  the  third 
Friday  in  May,  1861. 

A  petition  for  a  reprieve  or  commutation  of 
sentence  to  imprisonment  was  circulated.  When  it 
was  carried  to  Springfield,  to  be  laid  before  the 
Executive,  the  Governor  had  been  called  away  to 
Washington,  and  did  not  return  to  examine  the 
petition  until  the  day  after  Morris  was  hanged. 
The  last  words  of  Morris,  with  the  cap  over  his 
head,  the  rope  around  his  neck,  his  hands  tied,  and 
liis    feet    pinioned,    were,    "  You    murder    me,   you 


CIRCUMSTANTIAL     EVIDENCE.  429 

murder  me,  you  murder  me  !"  and  with  these  words 
he  was  launched  into  eternity. 

Many  of  the  citizens  of  Kankakee  will  remember 
C.  G.  Hilderband.  He  went  from  there  to  Gales- 
burg,  and  was  engaged  in  the  burning  of  a  livery 
stable  and  robbing  a  store  or  bank,  in  the  winter 
of  1862.  From  there  he  was  sent  to  the  peniten- 
tiary at  Joliet.  He  escaped  in  less  than  a  year,  and 
went  to  Iowa  and  joined  "  Hawkeye  Bill's  "  gang. 
He  was  incarcerated  in  the  Jeffersonville  prison, 
Indiana  and  there  wrote  a  history  of  the  crimes 
that  "  Hawkeye  Bill "  and  his  gang  had  committed 
in  the  West. 

After  narrating  many  desperate  acts  of  these 
desperadoes,  he  said  : 

"Three  years  before  this,  in  the  fall  of  1859, 
'  Hawkeye,'  in  company  with  Bill  Britt,  Joe  Mon- 
tana, alias  '  French  Joe,'  a  half-breed  Indian  named 
Sioux,  and  Charles  Logue,  alias  '  Big  Curtis,'  were 
running  some  horses  from  Iowa  to  Michigan,  Hawk- 
eye  being  along  for  the  purpose  of  '  doing  a  job 
of  work  '  at  Grand  Rapids,  Mich.  They  remained 
in  the  woods,  near  Pontiac,  111.,  three  or  four  days, 
resting  their  horses,  and  while  there  committed  a 
terrible  crime.  Capturing  a  young  woman  who 
was  walking  on   the  railroad   track   one  day,  they 


430 


FAMOUS    CASES    OF 


kept  her  two  days,  and  then  murdered  her.  The 
name  of  the  young  lady  was  Mary  Murphy,  and  for 
this  crime  a  negro  was  arrested,  tried,  convicted, 
and  hung  at  Kankakee,  111.  The  Sheriff  residing 
at  Pontiac,  has  written  a  letter  corroborating  this 
statement.  A  short  distance  east  of  Pontiac,  at 
Oliver's  Grove,  the  same  party  committed  a  similar 
crime.  These  three  parties,  Bill  Britt,  '  French  Joe,' 
and  the  half-breed  Indian,  '  Sioux,'  were  hung  in 
the  West,  and  Charles  Logue,  alias  '  Big  Curtis,' 
was  '  sent  up  '  after  this  last  offence  for  twenty-three 
years  in  the  Allegheny  prison,  Pa.,  and  there  died." 
The  murder  mentioned  as  committed  near  Oliver's 
Grove  by  this  gang  was  the  murder  of  a  cattle 
drover  by  the  name  of  Patton.  This  gang  made 
Oliver's  Grove,  Kankakee,  and  Beaver  Lake, 
Indiana,  regular  stopping  places  while  stealing 
horses  and  running  them  East. 


CIRCUMSTANTIAL    EVIDENCE.  43I 


LXV. 

CASE   OF  WEATHERWAX. 

In  June,  1856,  Capt.  John  G.  Weatherwax, 
attended  by  his  cousin,  Andrew  Weatherwax,  sailed 
from  Plattsburgh,  N.  Y.,  in  a  lake  boat,  for  a 
Canadian  port.  Having  discharged  his  cargo,  he 
returned  to  Pike  River,  which  11  just  across  the 
line  in  Canada,  to  take  on  a  load  of  wood.  During 
the  day  the  two  cousins  had  a  violent  quarrel,  each 
threatening  the  other.  About  eight  o'clock  in  the 
evening  the  quarrel  was  at  its  height,  and  a  dull 
heavy  thud  was  heard,  as  of  some  dull  instrument, 
crashing  through  a  skull,  and  then  all  was  still. 
The  next  morning  the  hat  of  Andrew,  and  blood 
near  it,  was  found  on  the  deck  of  the  vessel. 
The  captain  of  another  boat,  only  a  short  distance 
away,  also  heard  the  quarrel  and  blows.  Nothing 
afterwards  was  seen  of  Andrew,  and  Capt.  Weather- 
wax could  or  would  give  no  account  of  him.  Some 
time  after  the  body  of  a  man  with  the  skull  crushed 


432  FAMOUS    CASES    OF 

in,  was  taken   from  the  water  at  the  very   spot  at 
Pike    River    where     his    boat    had    been    moored. 
The  body  was   identified   as   the  body    of  Andrew 
Weatherwax.      Capt.    Weatherwax     was    arrested, 
and    the    preliminary  examination  showed    almost 
conclusive  evidence  of  his  guilt  ;   but  as  the  murder 
was  committed  in  Canada,  it  was   decided   that   the 
Courts  of  the   United    States    had    no   jurisdiction 
over    the    matter,    and    he    was    discharged.       His 
counsel  advised  him  to  run  away,  but  he  would  not, 
at   the  same    time    asserting    his   innocence.     The 
story  and  excitement  spread  and  reached   Canada, 
and  a  requisition  was  made  on  the  government  of 
the  United  States  for  the   supposed  criminal.      He 
was  again  arrested  and  sent  to  Montreal  for  trial, 
his    counsel,    McMasters,    going   with    him.     The 
evidence  was   strong,  but   it   is   supposed   the  jury 
was  tampered   with,    as   the   first   would   not   agree 
and  the  second   discharged   him.      He   returned   to 
Plattsburgh,    but   everybody    believed   him   guilty, 
and    he    was   shunned    as    a  murderer.     In    1S6S 
Andrew  Weatherwax,  to    the   astonishment   of  all, 
returned  to    Plattsburgh.      He   stated   that   he   left 
his  cousin's  boat  on  the  night  of  the   quarrel,  partly 
intoxicated,  and,  visiting  a  dram-shop  in  the  town, 
got  into  another   quarrel,    was   arrested   and   fined, 


CIRCUMSTANTIAL    EVIDENCE.  433 

and  not  having  money  to  pay,  was  about  to  be 
committed,  when  a  stranger  stepped  up  and  offered 
to  pay  it 'if  he  would  enlist  as  a  seaman,  which  he 
did  on  an  English  vessel,  visiting  China,  Australia, 
&c.  He  returned  from  his  wanderings  to  learn  of 
his  supposed  death. 


434  FAMOUS    CASES    OF 


LXYI. 
CASE  OF  GOULD. 

Many  years  ago,  John  Gould,  of  Portland,  was 
convicted  of  the  murder  of  a  man  named  Starbird. 
They  were  drunkards.  One  morning  Starbird  was 
found  dead  near  a  rum-shop  at  the  head  of  Central 
wharf.  At  the  inquest,  and  on  the  trial  of  Gould, 
the  rumseller  testified  that  he  and  Starbird  were  in 
his  shop  the  night  before,  both  of  them  drunk  and 
quarrelling,  and  that  he  turned  them  out  of  his  shop 
because  they  were  noisy  and  fighting.  Starbird 
was  found  with  his  head  fatally  injured. 

On  the  testimony  of  the  rumseller,  Gould  was 
convicted  of  murder,  and  sentenced  to  be  hanged 
whenever  the  Governor  should  issue  his  warrant, 
and  he  remained  many  years  in  State  prison.  But 
the  rumseller  fell  sick  one  day,  and  just  before 
his  death,  he  confessed  that  it  was  he  who  had 
killed  Starbird  by  a  blow  upon  the  head  with  an 
iron  weight.     Gould  was  released  from  prison. 


CIRCUMSTANTIAL    EVIDENCE.  435 


LXVII. 
CASE  IN  ENGLAND. 

Not  long  since  a  dying  felon  in  an  English  jail 
confessed  that  he  was  one  of  two  men  who  had 
committed  a  murder  for  which  an  innocent  person 
had  been  executed.  A  married  man  had  become 
enamored  of  a  girl  and  paid  court  to  her,  professing 
to  be  single.  When  leaving  her  father's  house 
after  a  visit  he  induced  the  girl  to  accompany  him 
some  distance  on  the  road.  Subsequently  her  body 
was  found  in  a  canal  in  the  neighborhood,  and  an 
examination  proved  that  she  had  been  feloniously 
assaulted  and  then  killed.  Her  lover  was  traced 
and  arrested.  At  first  he  denied  having  been  with 
her  at  all,  but  several  witnesses  had  seen  the  two 
together  in  the  immediate  vicinity  of  the  outrage 
and  murder.  Then  he  shifted  his  defence,  admitted 
that  he  had  taken  her  in  the  woods,  but  asserted 
that  he  had  been  interrupted  by  two  men  who  came, 
attracted    by    her    cries ;    that    he    had    thereupon 


436  FAMOUS    CASES    OF 

escaped,  and  had  never  seen  her  since.  The  jury 
found  him  guilty,  and  he  suffered  death  on  the 
gallows,  protesting  his  innocence  to  the  last.  The 
dying  confession  of  the  real  murderer,  years  after, 
confirmed  the  story. 


CIRCUMSTANTIAL    EVIDENCE.  437 


LXVIII 
CASE   OF  HAMILTON. 

A  number  of  years  ago,  a  small  party,  consisting 
of  three  brothers,  with  their  families,  were  on  their 
way  to  settle  in  the  south-western  part  of  Missouri. 
They  had  travelled  as  far  as  Kentucky,  and  at  the 
time  of  which  we  speak  were  encamped  for  the 
night  on  the  borders  of  a  small  stream.  Soon  after 
dusk,  they  were  roused  by  the  appearance  of  two 
young  men  on  horseback,  who  had  missed  their 
way,  and  discovering  the  encampment  of  the  emi- 
grants, deemed  it  safer  to  spend  the  night  with 
them  rather  than  wander  in  the  darkness,  uncertain 
of  their  way  through  the  thick  woods.  The  young 
men  gave  the  names  of  Hamilton  and  Saunders. 

The  night  passed  quietly,  and  in  the  early  morn- 
ing the  two  friends  prepared  to  pursue  their  journey. 
As  they  were  about  to  depart,  one  of  the  emigrants 
advanced  towards  them  and  remarked : 

"  I  reckon,  stranger,  you  allow  to  encamp  at 
Scottville,  to-night?" 


438  FAMOUS    CASES    OF 

"  Yes,"  said  Saunders,  "  I  do." 

"Well,  then,  I  can  tell  you  a  chute,  that's  a  heap 
shorter  than  the  road  you  talk  of  taking.  And  at 
the  forks  of  Rushing  river,  there's  a  smart  chance 
of  blue  clay,  that's  miry  like,  and  it's  scary  crossing 
at  any  time." 

Supposing  he  had  found  a  nearer  and  better  road, 
and  one  by  which  a  dangerous  ford  would  be 
avoided,  he  thanked  his  informant,  and  bidding 
Hamilton  good-bye,  proceeded  on  his  journey. 

Saunders  had  been  passing  a  few  weeks  with 
Hamilton,  who  was  an  old  college  friend  ;  and  on 
his  return  home  Hamilton  had  proposed  to  accom- 
pany him  a  day  or  two  on  his  way. 

Some  time  after,  a  vague  report  was  brought  to 
the  village,  where  Hamilton  resided,  that  the  body 
of  a  murdered  man  was  found  near  Scottville.  It 
was  first  mentioned  by  a  traveller,  in  a  company 
where  Hamilton  was  present,  and  he  instantly  ex- 
claimed : 

"  No  doubt  it  is  Saunders !  How  unfortunate 
that  I  left  him !"  and  then  retired,  under  great 
excitement.  His  manner  and  expressions 
awakened  suspicions,  which  were  unhappily  corro- 
borated by  a  variety  of  circumstances  that  were 
cautiously  whispered  by  those  who  dare  not  openly 


CIRCUMSTANTIAL    EVIDENCE.  439 

arraign  a  person  of  Hamilton's  position.  He  had 
ridden  away  with  Saunders,  who  was  known  to  be 
in  possession  of  a  large  sum  of  money.  Since  his 
return,  he  had  paid  off  debts  to  a  considerable 
amount,  and  the  penknife  of  Saunders  was  recog- 
nized in  his  hands. 

The  effect  of  the  intelligence  upon  Hamilton  was 
marked.  He  would  sit  for  hours  in  a  state  of 
abstraction,  from  which  even  the  smile  of  love- 
could  not  awaken  him. 

He  was  arrested  and  committed  for  trial.  Upon 
the  trial  the  evidence  produced  was  entirely  circum- 
stantial ;  but  it  seemed  to  weave  a  perfect  network 
of  corroboratin e  circumstances  around  the  accused. 
His  recent  intimacy  with  the  deceased  was  clearly 
proved ;  also  the  fact  that  he  had  accompanied 
the  deceased  on  his  way,  and  that  he  had  lost  the 
path  in  a  country  with  which  he  was  supposed  to 
be  perfectly  familiar  :  also  his  conduct  on  hearing 
of  the  death  of  his  friend.  It  was  further  proved 
that  Hamilton  was  seen  in  possession  of  a  knife 
known  to  have  belonged  to  Saunders,  and  that  a 
breastpin  and  a  pistol,  both  clearly  proved  to  have 
belonged  to  the  prisoner,  were  found  near  the  body 
of  the  murdered  man.  Finally,  the  sister  of  Hamil- 
ton was  called,  and  she  was  forced  to  acknowledge 
10 


440  FAMOUS     CASES     OF 

that  the  clothes  worn  by  her  brother  on  his  return 
from  the  journey  with  Saunders,  were  torn,  soiled 
with  earth,  and  bloody.  The  jury  rendered  a  ver- 
dict of  guilty,  without  leaving  their  seats.  He  was 
sentenced  to  death,  but  died  in  prison,  protesting 
with  his  last  breath  his  innocence. 

About  a  year  afterwards,  a  man  who  was  execu- 
ted in  Tennessee,  confessed  that  he  was  one  of  the 
party  of  emigrants  with  whom  Saunders  and 
Hamilton  had  spent  the  night ;  that  he  had  mur- 
dered Saunders  with  a  pistol,  which  he  had  found 
where  the  two  gentlemen  had  slept.  Perceiving 
that  the  two  friends  were  about  to  separate,  and 
that  Saunders,  who  had  incautiously  exhibited  a 
large  amount  of  money  the  evening  before,  was 
about  to  proceed  alone,  he  advised  him  to  take 
what  he  represented  to  be  a  shorter  way  ;  and  then 
intercepted  him  at  the  ford. 

The  truthfulness  of  the  statement  made  by 
Hamilton  at  once  became  apparent.  In  some 
previous  conversations,  Saunders  had  learned  that 
Hamilton  was  financially  embarrassed,  on  account 
of  some  heavy  losses,  and  was  at  the  time  much 
pressed  for  money.  Saunders  offered  to  assist  him, 
but  Hamilton  declined,  not  being  sure  of  his  ability 
to  repay   in    a   reasonable   time.      At   the   time  of 


CIRCUMSTANTIAL    EVIDENCE.  441 

parting,  Saunders  again  mentioned  the  subject,  and 
learning  that  five  hundred  dollars  would  relieve 
his  friend  from  embarrassment,  insisted  upon  his 
accepting  that  amount,  as  he  had  a  large  sum  with 
him.  Hamilton,  after  some  hesitation,  accepted  the 
money.  Hamilton  then  unclasped  his  college  pin, 
and  presented  it  to  his  friend,  as  a  token  of  his  visit, 
and  their  old  college  associations  ;  while  Saunders, 
in  the  same  playful  spirit,  drew  from  his  pocket  a 
silver-hafted  penknife,  curiously  embossed,  which 
his  friend  had  often  admired,  and  presented  it  as 
a  similar  token. 

As  Hamilton  was  riding  slowly  homeward, 
engaged  in  thought,  and  holding  his  bridle  loosely, 
a  deer  sprang  suddenly  from  the  thicket,  and  fell 
in  the  road,  before  his  horse,  which  startled  and 
threw  him  to  the  ground.  In  examining  the  deer, 
which  had  been  badly  wounded,  and  was  struggling 
on  the  ground,  some  of  the  animal's  blood  was 
sprinkled  on  his  clothes,  which  had  also  been  soiled 
and  torn  by  his  fall.  Paying  little  attention  to 
these  circumstances,  he  returned  home.  How 
fearfully  they  were  made  to  tell  against  him,  has 
appeared! 


442  FAMOUS    CASFS    OF 


LXIX. 

CASE   OF  PIVARDIERE. 

The  case  of  M.  de  Pivardiere  is  one  of  the  most 
singular  instances  of  criminal  precipitation  and 
iniquity  that  the  annals  of  French  justice  furnish. 
Madame  de  Chauvelin,  his  second  wife,  was  accused 
of  having  had  him  assassinated  in  his  castle.  Two 
servant-maids  were  witnesses  of  the  murder  ;  his 
own  daughter  heard  the  cries  and  last  words  of  her 
father  :  "  My  God  !  have  mercy  upon  me."  One  of 
the  maid-servants,  falling  dangerously  ill,  took  the 
sacrament:  and  while  she  was  performing  this 
solemn  act  of  religion,  declared  before  God  that  her 
mistress  intended  to  kill  her  master.  Several  other 
witnesses  testified  that  they  had  seen  linen  stained 
with  his  blood ;  others  declared  that  they  had 
heard  the  report  of  a  gun,  by  which  the  assassina- 
tion was  supposed  to  have  been  committed.  And 
yet,  strange  to  relate,  it  turned  out  after  all  that 
there    was   no   gun    fired,   no    blood   shed,   nobody 


CIRCUMSTANTIAL    EVIDENCE.  443 

killed  !  What  remains  is  still  more  extraordinary ; 
M.  de  la  Pivardiere  returned  home  ;  he  appeared  in 
person  before  the  judges  of  the  province,  who  were 
preparing  everything  to  execute  vengeance  on  his 
murderer.* 

*  The  most  singular  part  of  this  case  followed  the  appearance  of  Pivardiere. 
The  judges  were  resolved  not  to  lose  their  process  :  they  affirmed  to  his  face 
that  he  was  dead  ;  they  branded  him  with  the  accusation  of  imposture  for 
saying  that  he  was  alive  ;  they  told  him  that  he  deserved  exemplary  punish- 
ment for  coining  a  lie  before  the  tribunal  of  justice  ;  and  maintained  that 
their  procedure  was  more  credible  than  his  testimony  !  In  a  word,  this 
criminal  process  continued  eighteen  months  before  the  poor  gentleman  could 
obtain  a  declaration  of  the  court  that  he  was  alive  ! 


444  CIRCUMSTANIAL   EVIDENCE. 


LXX. 

CASE  OF  WEBBER. 

On  December  29th,  1876,  a  terrible  disaster 
occurred  at  Ashtabula,  Ohio,  on  the  Lake  Shore 
Railroad.  The  train  fell  through  a  bridge,  and  as 
the  cars  immediately  caught  fire,  and  a  large  num- 
ber of  the  passengers  were  burned,  the  most  of  the 
bodies  were  so  charred  as  to  prevent  recognition. 
Shortly  after  this  accident,  Mrs.  Webber,  who  is  a 
poor  woman  with  two  children,  appeared  in  the 
office  of  a  lawyer,  in  Rochester,  N.  Y.,  and  stating 
that  she  had  every  reason  to  believe  that  her  hus- 
band had  been  killed  in  that  disaster,  requested 
him  to  commence  a  suit  against  the  railroad  com- 
pany on  her  behalf.  The  evidence  which  she 
offered  to  introduce  in  proof  of  her  husband's  sad 
fate  was  only  of  a  circumstantial  nature,  as  nothing 
was  ever  found  of  the  body,  which  was  supposed  to 
have  been  consumed  in  the  flames.  She  had  been 
to  Ashtabula,  and  in  the  debris  of  the  wrecked  train 


FAMOUS    CASES    OF  44$ 

she  had  found  a  bunch  of  keys  which  she  positively 
recognized  as  those  having  been  in  the  possession 
of   her  husband.      One    of  these  keys,   in    further 
proof,  she  had  ascertained  exactly   fitted  the   clock 
in  her  house,  and   an   Auburn   man  was   ready   to 
swear  that  he  had  made  such  a   key  for  the    de- 
ceased.    Another  key  fitted  a  chest  which  she  had 
in  her  possession,    while  still   another  of  the  keys 
fitted   the  lock  on    the    door.     But    the    strongest 
proof  of  all  which  she  had  discovered  was  a  piece 
of  cloth,  which  she  had  recognized  as  having  been 
part  of  her  dead  husband's  coat.     The  proof  by  no 
means    stopped    here,    however.     A    physician   of 
Rochester,  who  knew  Mr.  Webber,  testified  that  he 
rode  to  Buffalo  on  the  same  train  with  the  deceased 
on    the    fatal    29th    of   December ;  while    another 
gentleman   testified  to   seeing  deceased    take  the 
train  at  Buffalo  which  went  to  ruin  at  Ashtabula. 
With  this  all  but  positive  proof  that  the  husband 
was  among  the  victims  of  the  disaster,  the  suit  was 
commenced,  the  funds   enabling  her  to  carry  it  on 
being   supplied     by     a     kind-hearted     gentleman. 
When  the  railroad  company's  attorneys  were  con- 
fronted with  the  proofs  of  the  plaintiff's  case,  they 
advised  a  settlement  with  her  for  $4,000.     But  she 
wanted    $5,000   or   nothing,    and   the    company's 


446  CIRCUMSTANTIAL    EVIDENCE. 

lawyers  concluded  to  let  the  matter  go  before  the 
courts.  The  investigations  concerning  the  fate  of 
the  husband  were  continued,  and  it  was  ascertained 
that  he  had  been  sent  by  Gen.  Martindale,  his 
former  superior  officer  in  the  army,  to  the  Pension 
Home  in  Wisconsin,  several  days  previous  to  the 
Ashtabula  disaster,  and  this  fact  soon  brought  to 
light  the  very  important  disclosure  that  a  man  of 
his  name,  answering  his  description  exactly,  and 
who  stated  that  he  had  a  wife  and  two  children  in 
Rochester,  was  still  alive  and  safe  in  that  institution, 
and  that  he  was  not  near  Ashtabula  at  the  time  of 
the  disaster.  The  case  is  a  most  remarkable  one, 
however,  from  the  fact  that  no  person  doubted  the 
truthfulness  of  the  witnesses  whose  evidence 
formed  the  basis  on  which  the  suit  was  commenced. 


CIRCUMSTANIAL    EVIDENCE.  447 


LXXI. 
CASE  IN  LINCOLN.* 

I  have  been  greatly  disturbed  all  my  life  by 
executions  which  were  not  preceded  by  confes- 
sion ;  for  when  I  was  but  thirteen,  I  saw  a  poor 
woman  with  her  seven  children,  fling  herself  in 
the  snow-covered  road  of  the  Minster — close  at 
Lincoln — to  intercept  the  judge's  carriage,  scream- 
ing for  mercy,  and  protesting  the  innocence  of 
her  husband.  He  had  been  convicted  of  sheep 
stealing,  and  was  sentenced  to  die  on  the  following 
morning.  He  was  so  executed.  In  the  same 
city,  at  the  spring  assizes,  a  murderer  was  con- 
victed, and  on  the  eve  of  his  execution  he  confessed 
the  perpetration  of  the  crime  for  which  the  poor 
father  of  these  helpless  children  suffered.  Not 
only  had  he  committed  it,  but  with  the  aid  of  an 
accomplice  he  had  contrived  the  circumstantial 
evidence  of  which  a  man  entirely  innocent  was 
made  the  victim. 

*  We  extract  the  above  from  Mr.  Phillips'  Essay  on  Capital  Punishment. 


APPENDIX. 


45  o  FAMOUS    CASES    OF 


WHO  IS  THE  MURDERER  % 

A     PROBLEM     IN     THE      LAW      OF     CIRCUMSTANTIAL 
EVIDENCE. 

BY    SAMUEL    WARREN. 

In  the  summer  of  the  year  1830,  there  lived  at  a 
place  called  Eagle's- cliffe,  near  Yarm,  in  the  North 
Riding  of  Yorkshire,  a  man  of  the  name  of  William 
Huntley.  He  was  one  of  the  sons  of  a  respectable 
farmer  who  had  died  about  ten  years  before,  leav- 
ing behind  him  a  widow  and  several  children,  and 
considerable  property  to  be  divided  between  them  ; 
but  his  will  was  so  imperfect  and  obscure  as  to 
have  led  to  a  Chancery  suit,  in  order  to  determine 
the  true  distribution  of  the  property  according  to 
his  intention — which  was,  to  leave  his  widow  the 
interest  of  a  certain  sum  for  her  life,  and  consider- 
able legacies  to  each  of  his  children,  payable  as 
they  became  of  age.  His  son  William  was,  in  the 
year    1830,    about    thirty-four    years    of  age,   and 


CIRCUMSTANTIAL    EVIDENCE.  451 

married,  but  lived  apart  from  his  wife,  with  whom 
he  had  quarrelled.  Owing  to  his  being  so  long 
kept  out  of  his  little  property,  he  became  a  weaver 
in  order  to  support  himself — and  was,  in  fact,  in 
humble  circumstances.  In  point  of  personal  ap- 
pearance— a  matter  deserving  particular  attention 
— he  was  of  middling  stature ;  he  had  a  broad 
squat  face  ;  his  head  was  large  behind ;  his  fore- 
head a  retreating  one,  with  rather  a  deep  inden- 
tation between  the  eyebrows ;  and  he  was  pitted 
with  the  smallpox.  But  there  was  one  peculiarity 
in  his  face — a  very  prominent  tooth  on  the  left  side 
of  the  under-jaw — which  caught  every  one's  eye 
on  first  looking  at  him.  It  occasioned  him  to 
have  a  sort  of  "  twist  of  the  mouth  " — for  which  he 
had  been  always  known  and  ridiculed  by  his  com- 
panions, even  at  school.  The  solicitor  who  had 
the  management  of  the  affairs  in  Chancery  was  a 
Mr.  Garbutt,  residing  at  Yarm,  and  still  living. 
He  had  occasionally  assisted  the  family,  and, 
amongst  them,  William  Huntley,  by  small  ad- 
vances during  the  time  of  their  being  kept  out  of 
their  property. 

At  length,  on  Thursday,  July  22,  1830 — which 
will  be  a  date  found  of  great  importance — Mr. 
Garbutt  was  enabled  to  pay  over  to  him  the  money 


452  FAMOUS    CASES    OF 

due  under  die  will ;  and  on  that  day  gave  him  a 
sum  of  ^85,  1 6s.  4d. — the  balance  due  after  deduct- 
ing the  above-mentioned  advances — in  seventeen 
£5  bank-notes  of  the  bank  of  Messrs.  Backhouse 
and  Company,  bankers  at  Stockton -upon-Tees, 
and  the  remainder  in  silver  and  copper.  He  was 
also  entitled  to  receive  other  money,  which  Mr. 
Garbutt  had  received  instructions  from  him  to 
endeavor  to  obtain ;  and  I  believe  that  he  would 
have  been  entitled  to  a  still  further  sum  on  his 
mother's  death.  As  I  have  already  mentioned, 
Huntley  at  this  time  resided  at  Eagle's-cliffe,  but 
was  in  the  constant  habit  of  coming  over  to  a 
small  village  at  a  few  miles'  distance,  called  Hut- 
ton- Rudby,  where  his  mother  lived,  and  also  an 
intimate  friend  of  his,  one  Robert  Goldsborough, 
(the  prisoner),  whose  house,  on  such  occasions,  he 
was  in  the  habit  of  making  his  own — always  pass- 
in  e  the  night  there.  Goldsboroueh  was  about 
Huntley's  age  ;  was  a  widower,  with  a  couple  of 
children,  and  in  destitute  circumstances,  having 
even  been  in  the  receipt  of  parish  relief  down  to 
within  a  few  months  of  the  period  at  which  this 
narrative  commences.  On  the  day  of  Huntley's 
receiving  his  money,  viz.  Thursday,  the  July  2 2d, 
he  went  over  to  Hutton- Rudby,  and  stayed  there 


CIRCUMSTANTIAL    EVIDENCE.  453 

one  or  two  days,  principally  in  company  with  his 
friend,  Goldsborough.  There  is  some  reason  to 
believe  that  Huntley  was  desirous  of  preventing 
two  or  three  creditors  of  his  from  knowing  that  he 
had  received  so  considerable  a  sum  of  money ; 
and  also  that  he  had,  about  the  time  in  question, 
intimated  to  one  or  two  persons  a  wish  to  go  to 
America.  He  appears  to  have  gone  frequently  to 
and  fro,  between  Huttcn-Rudby  and  Eagle's-cliffe, 
during  the  ensuing  week. 

At  an  early  hour,  five  o'clock,  on  the  morning 
of  Friday,  July  30th,  he  was  seen  coming  to 
Goldsborough's  house ;  again,  about  three  o'clock 
in  the  afternoon  of  that  day,  walking  on  the  high- 
road, in  company  with  Goldsborough,  and  a  man 
named  Garbutt ;  a  third  time,  at  eight  o'clock  in 
the  evening  of  the  same  day,  sitting  in  Golds- 
borough's  house ;  and  about  ten  o'clock  that 
night,  he,  Goldsborough,  and  Garbutt,  were  ob- 
served walking  together  in  a  cheerful  and  friendly 
manner — Goldsborough  with  a  gun  in  his  hand — 
all  bending  their  steps  towards  Crathorne  Wood, 
which  was  close  by,  apparently  on  a  poaching 
errand.  From  that  moment  to  the  present,  Hunt- 
ley has  never  been  seen  or  heard  of.  The 
circumstance  of  his  disappearance  was   noticed  as 


FAMOUS     CASES     OF 

soon  as  six  o'clock  on  the  ensuing  day,  Saturday 
- — and  his  continued  absence  rapidly  increased  the 
suspicion  and  alarm  of  the  neighborhood.  A 
quantity  of  stale-looking  blood  being  seen  on  the 
side  of  the  highroad,  on  the  ensuing  Monday  morn- 
ing, near  the  spot  where  he  had  been  last  seen 
walking  with  Goldsborough  and  Garbutt — and  also 
a  man's  recollecting  that,  between  eleven  and 
twelve  o'clock  on  Friday  night,  he  had  heard  the 
report  of  a  gun  in  Crathorne  Wood,  added  to  the 
circumstance  of  Huntley's  having  been  seen  so  fre- 
quently in  Goldsborough's  company,  down  even  to 
the  moment  of  his  sudden  disappearance,  naturally 
pointed  suspicion  at  Goldsborough,  and  anxious 
inquiries  were  at  once  made  of  him  by  many  per- 
sons, to  know  what  had  become  of  Huntley.  To 
one  person,  a  creditor  of  Huntley's,  Goldsborough 
said,  with  an  easy,  confident  air,  that  he  had  set 
Huntley  on  the  road  to  Whitby,  where  he  was  go- 
ing to  take  ship  for  America.  To  Whitby  instantly 
went  several  persons  in  quest  of  the  missing  man, 
but  in  vain  ;  no  such  person  had  been  seen  or 
heard  of  in  that  direction,  nor  was  there — nor  had 
there  been  for  some  time — in  that  port  any  vessel 
bound  for  America.  The  disappointed  inquirers  re- 
tnrned  to  Goldsborough,   to  announce  the  fruitless 


CIRCUMSTANTIAL    EVIDENCE.  455 

ness  of  their  search,  when  he  gave  another  account 
of  Huntley's  movements  ;  namely,  that  he  had  set 
Huntley  on  the  way  to  Liverpool,  there  to  take  ship 
for  America ;  and  a  short  time  afterwards,  to  another 
class  of  inquirers,  he  told  an  entirely  different 
story  ;  that  he  had  set  Huntley  on  his  way  to  Bids- 
dale,  to  see  some  friends  of  his  residing  there.  All 
this  kindled  still  more  vivid  suspicion  against  him. 
Constables  and  others  searched  his  house,  and 
found  in  it  a  watch,  and  various  articles  of  clothing, 
belonging  to  Huntley,  but  none  of  which  he  made 
the  least  attempt  to  conceal. 

When  asked  to  account  for  his  possession  of  them, 
he  gave  inconsistent  answers.  First,  he  said  that 
Huntley  had  given  them  to  him ;  but,  on  being  re- 
minded how  improbable  it  was  that  a  man  so  cove- 
tous as  Huntley  should  have  done  so,  he  said  that 
the  fact  was  that  he  had  lent  Huntley  money,  and, 
on  his  going  off  to  America,  he  had  left  the  articles 
in  question  as  a  security  for  the  repayment  of  what 
he  owed.  In  short,  Goldsborough  was  universally 
supposed  to  have  murdered  Huntley.  On  one 
occasion  he  said,  without  any  embarrassment  of 
manner,  when  taunted  on  the  subject — "You'll 
all  see,  by-and-by,  whether  he's  been  murdered  !" 
On  another  occasion,  after  following  to  his  door  a 


45  6  FAMOUS    CASES    OF 

person  who  had  just  quitted   it,   he  said  to  a  man 
standing  near — "That   gentleman   has   been  here 
asking  after   Huntley,  but  he'll  find  him  neither  at 
my    house,    nor    at   Whitby,    nor    nowhere    else." 
Confident  that  the  missing  man  had  been  murdered, 
the    neighbors,    and  also   the  constables,    searched 
far  and    wide    after  his  body.     To    a   party    thus 
engaged,  he  once  went  up  and  said  impatiently — 
"  You   fools  !    it's   no  use   searching  there !     Only 
you  give   up,    and    I'll   bring  Huntley  to  you  in  a 
fortnight !"       From    some    cause    or   other,    these 
efforts  were  shortly  afterwards  discontinued.    About 
a   week    or   ten     days   after    Huntley's    disappear- 
ance, Goldsborough   was  observed  sitting  opposite 
a    large  fire  in  his  house,   reading;    and  a  strong 
smell  was  perceived  as  of  woollen  burning.      "  Dear 
me,"  said  a  person  to  him,   "  you've  a  large  fire  for 
summer  time  !"     He  said  he  could  not  sleep,  so  he 
was  sitting  up  reading.     To  another  person   men- 
tioning the  smell  of  woollen  burning,  he  replied — 
"That  he  had  been  burning  only  some  old  things 
which    he  had  pulled  from  under  the  stairs."     At 
times  he  appeared  disconsolate,   and  agitated,  and 
reserved.     Again — he  was  found  suddenly  in  pos- 
session of  a  considerable  sum  of  money — in  bank- 
notes, gold   and  silver — which   he  rather  exhibited 


CIRCUMSTANTIAL    EVIDENCE.  457 

with  ostentation  than  concealed,  and  this  as  early 
as  within  a  day  or  two  after  Huntley's  disappear- 
ance ;  offering  to  lend  money  to  some  persons,  ancj 
making  various  purchases  for  himself.  He  remained 
at  his  house  till  towards  the  close  of  autumn,  when, 
wearied  with  the  perpetual  suspicions  and  ill-feeling 
exhibited  towards  him,  he  removed  to  the  town  of 
Barnsley,  about  thirty  or  forty  miles  off,  and  hired 
a  loom  of  a  man  at  whose  house  he  took  up  his 
abode.  When  asked  what  his  name  was,  he  replied, 
"  Touch  me  lightly  /"  He  brought  with  him  a  good 
stock  of  clothes — many  of  them  Huntley's — two 
watches,  and  plenty  of  money,  with  which  he  was 
very  liberal.  He  complained  of  being  out  of  health, 
and  did  no  work — his  chief  amusement  being  the 
going  out  to  shoot  small  birds.  Some  weeks  after- 
wards he  went  away,  and  returned  in  company  with 
a  woman  whom  he  said  he  had  married — and  that 
she  had  brought  him  a  sum  of  £So  for  her  fortune. 
On  being  asked  whence  he  had  come,  he  replied, 
"  From  Darlington  " — and  passed  under  the  name 
of  Robert  Towers. 

This  mysterious  disappearance  of  Huntley,  con- 
nected as  it  was  with  the  circumstances  above  rela- 
ted with  reference  to  Goldsborough,  gradually 
ceased  to  be  the  subject  of  gossip  and  speculation. 


453  FAMOUS    CASES    OF 


But  it  may  be  asked — Why  were  not  the  start- 
ling facts  of  the  case  made  the  subject  of  a  formal 
judicial  inquiry  ?  Let  me  ask  another  question, 
however — What  proof  was  there  that  Huntley  had 
been  murdered  at  all,  or  that  he  was  even  dead  ? 
Was  it  impossible — or  indeed  very  improbable — 
that  Goldsborough's  account  of  the  matter  might 
be  the  true  one — viz.,  that  Huntley  had  gone  to 
America,  and  that  Goldsborough  was  purposely 
giving  contradictory  accounts  of  Huntley's  move- 
ments, to  enable  him  to  elude  discovery  ?  There 
was,  in  fact,  no  corpus  delicti — the  very  first  step 
failed. 

No  lawyer,  on  the  above  facts  only,  would  feel 
himself  warranted  in  recommending  the  prose- 
cution of  Goldsborough  for  murder,  with  so  serious 
a  chance  of  an  acquittal  :  in  which  case,  he  could 
never  have  been  again  tried  as  the  murderer,  how- 
ever conclusive  might  be  evidence  subsequently 
discovered.  "  However  strong  and  luminous  may- 
be the  circumstances,  the  coincidence  of  which 
tends  to  indicate  guilt,"  observes  a  distinguished 
writer  on  the  law  of  evidence,  Mr.  Starkie,  "  they 
avail  nothing,  unless  the  corpus  delicti — the  fact 
that  the  crime  has  been  actually  perpetrated — shall 
have  been  first  established.      So  lono-  as  the  least 


CIRCUMSTANTIAL    EVIDENCE.  459 

doubt  exists  as  to  the  act,  there  can  be  no  certainty 
as  to  the  criminal  agent." 

Thus,  then,  matters  rested  for  a  period  of  eleven 
years — that  is,    till    the    21st  June,    1841 — when  a 
number  of  workmen  were  employed  by  a  respecta- 
ble farmer,    a  quaker,    named    Nellist,    in    making 
some  alterations  in  the  sides  of  a  stell,  i.  e.  a  brook 
or   rivulet,    dividing  a  place  called  Stokesley   from 
another  called  Seymour.     While  one  of  the  laboring 
men,  named  Robinson,  was  engaged  in  cutting  into 
one  of  the  sides  of  the  stell,  at  a  spot  where  there 
was  a  bend  or  curve  in  the  stream,   called  Stokes- 
ley Beck,  and  which  was  about  five  miles  distant 
from  the  spot  where  Huntley,  Garbutt,  and  Golds- 
borough  had  been  last  seen  walking  together,  after 
turning   up    two  cattle   bones,    he   discovered    one 
belonging  to   a  human  body — a   shin   bone  ;    and 
presently,  within  a  space  of  a  yard  and  a  quarter, 
"  the  bones  of  a  Christian,"  as  he  expressed  it ;  in 
fact,   a  complete   skeleton,    with   the   exception  of 
the  feet.     The  head  lay  at  a  distance  of  a  yard  from 
the  shin  bone. 

Deeming  this  rather  a  curious  circumstance,  he 
took  out  the  bones  carefully,  and  laid  them  out  at 
length  on  the  side  of  the  stell.  They  had  lain  at  a 
depth  of  about  three  feet  from  the  surface  ;  and  had 


460  FAMOUS    CASES    OF 

evidently  not  been  deposited  there  by  digging  a 
hole  down  from  the  surface,  like  a  grave,  but  by 
hollowing  out,  or  digging  a  hole  in  the  stell-side, 
and  then  thrusting  in  the  body,  "back-side  first 
and  doubled  up,"  to  use  the  words  of  the  wit- 
ness. The  soil  was  tough  and  clayey ;  and  the 
spot  lay  at  a  distance  of  about  a  hundred  yards 
from  the  highroad.  This  stell  was,  in  fact,  not  an 
inconsiderable  stream,  sometimes  subject  to  over- 
flows ;  and  there  was  a  wooden  foot-bridge  over  it, 
a  good  way  higher  up  the  stream.  The  skull  was 
removed  from  the  earth  carefully,  by  hand.  It  was 
filled  with  earth,  and  the  lower  back  part  of  it 
appeared  to  have  been  broken  off. 

The  bones  having  been  thus  carefully  laid  out, 
on  Robinson's  master,  Mr.  Nellist,  arriving  at  the 
spot  in  the  evening,  he  saw  them  with  not  a  little 
surprise  ;  and  on  looking  at  the  skull  and  jaw-bone, 
particularly  noticed  a  long  projecting  tooth  on  the 
left  side  of  the  lower  jaw.  With  the  exception  of 
two  or  three,  all  the  teeth  were  in  their  sockets, 
and  remained  in  them  till  the  bones,  which  had 
been  damp  when  first  discovered,  began  to  dry, 
when  some  of  the  teeth  fell  out,  and,  amongst  others, 
the  remarkable  and  all-important  tooth  in  question. 
Before  this  had  occurred,  however,  Mr.  Nellist  took 


CIRCUMSTANTIAL    EVIDENCE.  461 

home  with  him,  on  the  same  evening-,  the  skull  and 
jaw-bone,  and  kept  them,  together  with  the  loose 
teeth,  in  a  pail.  They  were  shortly  afterwards,  but 
before  the  prominent  tooth  in  question  had  dropped 
out,  seen  by  various  persons  ;  several  of  whom,  on 
noticing  the  tooth,  at  once  said  that  the  skull  was 
Huntley's,  whom  they  had  known.  Mr.  Nellist  com- 
mitted the  skull  and  teeth,  a  day  or  two  afterwards, 
to  the  care  of  one  Gernon,  a  constable,  who  put 
them  into  a  basket ;  and  having  heard  of  the  former 
suspicions  against  Goldsborough,  whom  he  also 
ascertained  to  be  then  living  under  another  name  at 
Barnsley,  set  off  of  his  own  accord,  carrying  with 
him  the  bones,  to  take  Goldsborough  into  custody. 
On  the  evening  of  the  23d  of  June,,  he  found 
Goldsborough  sitting  in  his  house  alone,  without 
his  coat,  which  hung  over  a  chair  back.  "  I  have 
come,"  said  the  constable  abruptly,  "to  take  you  into 
custody  for  the  murder  of  William  Huntley,  eleven 
years  ago," — on  which  Goldsborough  appeared 
dreadfully  agitated.  "  Look  at  this,"  continued  the 
officer,  taking  out  the  shattered  skull,  and  showing 
it  to  Goldsborough,  "  and  tell  me  if  it  isn't  the  remains 
of  Huntley  ?"  Goldsborough  could  not  look  at  it, 
but  his  eyes  wandered  round  the  room :  and  with 
increasing  trepidation,  and  bursting   into  tears,   he 


462  FAMOUS     CASES     OF 

exclaimed,  "  I  am  innocent !  They  may  swear  my 
life  away  if  they  please,  but  I  never  had  any  clothes, 
or  a  watch  [the  constable  had  asked  him  if  he  had 
not  a  watch  belonging  to  Huntley],  or  anything  be- 
longing to  Huntley  !  The  last  time  I  ever  saw  him 
was  on  Thursday  !"  The  constable  then  took  him 
into  custody,  but  released  him  the  next  morning, 
considering  the  evidence  against  him  not  sufficient  to 
warrant  his  detention,  especially  as  he  had  arrested 
Goldsborough  on  his  own  responsibility  only.  The 
whole  matter  was  soon,  however,  brought  under  the 
notice  of  the  magistrates,  and  steps  were  taken  at 
once  to  obtain  any  evidence  that  might  throw  light 
on  this  long  hidden  transaction  : —  a  reward  of  one 
hundred  pounds  being  offered,  in  the  usual  terms,  to 
any  one  who  should  give  such  evidence  as  would  lead 
to  the  discovery  and  conviction  of  the  murderer  of 
William  Huntley. 

Shortly  afterwards  a  man  of  the  name  of 
Thomas  Groundy  was  heard  making  such  ob- 
servations as  led  to  his  being  taken  into  custody, 
and  on  the  ioth  of  August  Goldsborough  was  again 
arrested — having  continued  ever  since  in  the  same 
house  in  which  he  had  formerly  been  seized,  at 
Barnsley — on  the  charge  of  having  murdered  Wil- 
liam Huntley  ;   Thomas  Groundy  being  charged  as 


CIRCUMSTANTIAL    EVIDENCE.  463 

an  accessory  after  the  fact.  The  magistrates  hav- 
ing heard  all  the  evidence  which  had  been  collected, 
were  of  opinion  that  it  was  expedient  for  the  ends 
of  justice  to  permit  Groundy  to  turn  king's  evidence, 
as  it  is  called — i.  e.  to  be  relieved  from  the  charge 
against  himself,  in  order  to  give  evidence  impeach- 
ing his  fellow-prisoner.  That  was  done ;  and  the 
following  is  a  verbatim  copy  of  his  deposition 
— every  syllable  of  which  is  worthy  of  notice,  in 
consequence  of  an  extraordinary  circumstance 
which  occurred  shortly  after  it  had  been  taken  : — 

"  Thomas  Groundy  being  charged  before  us  as  an 
accessory  after  the  fact  to  the  murder  by  Robert 
Goldsborough  of  William  Huntley,  and  being,  after 
the  hearing  of  all  the  evidence  on  the  part  of  the 
prosecution,  in  the  exercise  of  our  discretion, 
admitted  by  us  at  this  stage  of  the  proceedings  to 
give  evidence  against  the  said  Robert  Goldsborough, 
on  his  oath  saith — 

"  On  the  Wednesday  after  William  Huntley  was 
missing,  Robert  Goldsborough  came  to  me,  and 
asked  me  if  I  would  help  him  with  a  bag  to 
Stokesley — he  was  going  to  America  ;  and  I  told 
him  I  would  go,  and  we  went  by  Neville's  hind- 
house,  and  then  we  kept  no  road,  and  we  went  down 
to  yon  wood  beside  the  stone  bridge.      He  took  me 


464  FAMOUS     CASES     OF 


to  a  bag  which  was  laid  upon  the  ground  in  the 
wood,  and  I  laid  hold  of  it,  and  I  found  like  a  man's 
head,  and  I  asked  him  what  it  was — and  he  stopped 
about  five  minutes  before  he  spoke,  and  he  then 
said — '  it  is  a  bad  job,  it  is  Huntley — as  he  was 
waiving  (qu.  walking)  by  me,  I  shot  him.'  Then 
I  fell  frightened,  and  wanted  to  go  home,  and 
Goldsborough  said — '  If  you  mention  it  I'll  give  you 
as  much.'  And  I  said  I  would  not  mention  it,  and 
I  wanted  to  make  off,  and  I  made  off.  That  the 
body  was  in  the  wood,  within  two  or  three  hundred 
yards  from  the  bridge.  It  is  quite  a  lonely  place. 
It  was  a  rough  place  in  the  wood.  Goldsborough 
never  said  anything  more  to  me  about  it,  and  I  was 
frightened,  and  durst  not  mention  it  to  him.  It  was 
about  hay-time.  I  knew  William  Huntley.  He 
had  a  long  tooth,  and  used  to  twist  his  mouth." 
Sworn,   &c,  14th  August,  1841. 

"  The  mark  of 
"  Thomas  X  Groundy." 

Two  or  three  hours  afterwards,  Groundy  hanged 
himself ! — He  had  been  placed  in  a  room  in  York 
Castle,  only  to  await  the  arrival  of  his  sureties,  who 
were  to.be  bound  with  him  for  his  appearance  to 
Cfive   evidence   at  the   trial,  and   had   not  been  left 


CIRCUMSTANTIAL    EVIDENCE.  465 

above  half  an  hour  before  he  was  found  suspended 
by  his  neckerchief  and  braces  to  one  of  the  iron  bars 
of  the  window,  his  knees  resting-  on  the  floor,  and 
quite  dead.  He  had  been  in  good  health  and  spirits, 
and  perfectly  sober,  up  to  the  last  moment  of  his 
being  seen  alive ;  having  observed,  in  answer  to 
inquiries,  that  what  he  had  just  been  swearing  to 
he  had  mentioned  to  two  or  three  persons,  whom 
he  named,  shortly  after  the  facts  had  happened. 
An  inquest  was  held  on  his  body,  and  a  verdict 
returned  oifclo  de  se. 

To  return, — Goldsborough,  having  heard  the 
whole  of  the  evidence  thus  adduced  against  him, 
including,  of  course,  that  of  Groundy,  voluntarily 
made  and  signed  the  following  statement,  which 
also  I  shall  present  to  you  verbatim  : 

"On  Thursday,  the  22d  July,  1830,  William 
Huntley  came  to  my  house,  and  stopped  and  talked 
awhile,  and  asked  me  to  take  a  walk  with  him. 
We  took  a  walk  down  over  the  bridge,  and  through 
Sir  William  Foulis'  plantation.  We  sat  down  on 
the  side  of  the  footpath,  in  the  plantation  ;  and  he 
says,  '  I  want  you  to  look  at  some  papers  I  have  ;' 
and  so  he  pulled  them  out  of  his  inside  coat-pocket, 
one  a  largish  paper ;  which  he  had  got  from  Mr. 
Garbutt,  and  he  says — '  I   have  been  drawing   my 


466  FAMOUS    CASES    OF 

money,'  and  said  he  had  drawn  ^85,  16s.,  and  he 
said,   '  What  is  the  reason  of  all  this  money  kept 
back  ?'    I  looked  at  the  paper,  and  told  him  what  the 
sums  were  for.     He  said  he  did  not  want   it   men- 
tioned to  every  person,  for   Dalkin,  Robert   Moon, 
and  some  others,  who  wanted  money  of  him,  would 
be  at  him.     I  told  him  I  had   nothing  to  do  with  it 
— I  should  say  nothing  about  it — so  we  came  home 
together,  and  he  was  backwards  and  forwards  out 
of  our  house,  and  other  houses  in  the  town,  all   the 
day.      He  laid  with   me  all   night,  as   he  generally 
used  to  do  when  he  came   to  the  town.     He   was 
backwards  and  forwards  all    the   next   day,  and  he 
hired  a  cart  and  brought  a  loom  down  from   Robert 
Moon's  and   sold  it  to  George  Farnabay  that   day, 
and  he  stopped  all  night,  again,  and  slept  with  me, 
and  then  he  came  to  Stokesley  on  the  Saturday,  and 
tried  me  several   times  to  go  to  America  with  him. 
I  went  with  him  to  Stokesley.     We  were  together 
awhile  at  Stokesley  on  that  day,  and  then  we  parted, 
and  I  never  saw  him  any  more  until  the  Thursday 
following,  and  he  came  down  to  me  at  Farnabay's 
shop,  at  Hutton,  and  called  of  me  out,  and  pushed 
me  sadly  to  go  to  America  with  him,  and  I  told  him 
I  had  two  children,  and  I  should  not  leave  them,  as 
I   was    both    father   and   mother  to  them.     So   he 


CIRCUMSTANTIAL    EVIDENCE.  467 

stopped  awhile,  and  he  said   if  I   would  not  go,  he 
could   not  force  me ;  but  if  I   would  go,   I  should 
share  with  him  as  long  as  he  had   a   half-penny.      I 
refused,  and  he  stopped  a  while,  and  we  went  out, 
and  I  set  him  down  a  few  yards  from  the  door,  and 
left  him.     We  shaked   hands  and  parted ;  and  he 
said,  if  Mr.   Garbutt  did  not  put  it  out  about  his 
money,  he  would  stop  a  few  days  longer,  if  people 
did  not  get  to  know  about  it.     I   have  no  more   to 
say  about  it     That  was  the  very  last  time  I  clapped 
my  eyes  upon  him.     If  it  was  the  last  words  I  had 
to  speak,  I   never  was   in   Crathorne   Woods,    nor 
Weary  Bank  Woods,  with  Thomas  Groundy.     You 
may  think  it's  a  lie  ;  but  if  it  were  the  last  words  I 
had  to  speak,  I  never  was  with  him. 

"  Robert  Goldsborough." 

He  was  then  committed  to  York  Castle,  to  take 
his  trial  at  the  next  spring  assizes  for  Yorkshire — 
an  occasion  looked  forward  to  with  universal  inter- 
est by  the  inhabitants  of  that  great  county.  Ac- 
cordingly, at  nine  o'clock  on  Wednesday  morning, 
the  9th  of  March,  1842,  he  made  his  appearance  at 
the  Bar  of  the  Crown  Court,  before  Baron  Rolfe — 
than  whom  a  more  firm,  patient,  acute,  and  clear- 
headed judge  could  not  have  been  selected  to  try 


468  FAMOUS    CASES     OF 

such  a  case — to  meet  the  fearful  charge  now  made 
against  him,  of  the  "  willful  murder  of  William 
Huntley,  by  discharging  at  him  a  loaded  gun,  and 
thereby  giving  him  a  mortal  wound,  of  which  he 
instantly  died." 

"  Put  up  Robert  Goldsborough,"  said  the  clerk 
of  arraigns  to  the  governor  of  the  castle,  as  soon  as 
Mr.  Baron  Rolfe  had  taken  his  seat ;  and  in  a  few 
moments'  time  a  man  was  led  along  to  the  Bar  of 
the  Court,  whose  appearance  instantly  excited  in 
me  a  mixed  feeling  of  pity  and  suspicion — the  lat- 
ter, however,  predominating.  He  was  forty-seven 
years  of  age,  of  average  make  and  height,  wearing 
an  old  but  decent-looking  drab  great-coat,  a  print- 
ed cotton  neckerchief,  clean  shirt-collar,  and  a  pair 
of  somewhat  tarnished  doeskin  gloves.  His  hair 
and  whiskers  were  of  a  dull  sandy  color ;  his  face 
rather  long  and  thin ;  his  eyes  gray,  heavy  and 
slow  in  their  movements,  and  with  a  sad  expression  ; 
his  upper  lip  long  and  heavy ;  his  mouth  com- 
pressed, with  a  certain  indication  of  sullenness  and 
determination.  In  short,  his  features  were  altogether 
of  a  rigid  cast  and  a  phlegmatic  character,  wearing 
an  expression  of  great  anxiety  and  depression, 
Whatever  inward  emotion  he  might  be  experiencing, 
he   preserved    an   external   composure   of  manner. 


CIRCUMSTANTIAL    EVIDENCE.  469 

On  being  placed  at  the  bar,  he  rested  his  arms  on 
the  iron  bar,  with  his  hands  clasped  together — 
never  removing  the  Moves  he  wore.  This  was  the 
attitude  which  he  preserved,  with  scarce  any  varia- 
tion, during  the  whole  of  his  two  days'  trial.  He 
pleaded  "  Not  Guilty,"  with  an  air  of  modest  firm- 
ness and  sadness,  eyeing  each  of  his  jurymen  as 
they  were  sworn,  and  also  the  judge  in  his  imposing 
ermine  robes,  and  the  counsel  immediately  be- 
neath him,  with  anxious  attention.  He  appeared 
to  me  a  man  of  firm  nerves,  or  rather  perhaps  of 
slow  feeling,  who  had  made  up  his  mind  to  the 
worst.  Was  he  not  an  object  of  profound  interest  ? 
Had  he  really  done  the  deed  which  now,  after  so 
many  years'  concealment,  was  to  be  dragged  into 
the  light  of  day  ?  Had  he  shot  dead  the  companion 
walking  beside  him  in  unsuspicious  sociality,  rifled 
the  bleeding  body,  and  then  thrust  it,  in  the  dead 
of  the  night,  into  the  earth  ? — or  was  he  standing 
there  as  innocent  of  the  crime  imputed  to  him,  as 
the  judge  who  was  to  try  him,  yet  long  blighted  by 
unjust  suspicion,  and  now  desparing  of  a  fair  trial — 
the  miserable  victim  of  blind  and  cruel  prejudice 
— to  be  convicted,  within  a  few  days  hanged,  his 
body  buried  within  the  precincts  of  the  prison  ;  and 


470  FAMOUS    CASES    OF 

presently    afterwards  William   Huntley    to    appear 

igain  alive  and  well  ? 

The  counsel  for  the  prosecution  opened  the  case 
with  candor  and  judgment,  giving  a  clear  account 
of  the  facts  he  expected  to  be  able  to  establish  ;  and 
in  one  of  his  observations  the  judge  subsequently 
expressed  his  anxious  concurrence,  namely,  the  ne- 
cessity there  was  for  the  jury  to  be  on  their  guard 
against  a  certain  air  of  romance,  which  seemed  to 
shed  over  the  case,  and  against  a  secret  notion  that 
the  guilt  of  a  long-hidden  murder  was  destined,  by 
some  sort  of  special  providence,  to  be  brought  home 
against  the  person  now  charged  with  it.  I  shall  now 
proceed  to  give  a  carefully  condensed  account  of  all 
the  material  facts  proved — the  reader  keeping  his 
eye,  all  the  while,  on  any  points  of  coincidence  or 
contradiction  that  may  strike  him  ;  and  I  shall  add 
such  observations  on  the  demeanor  and  character  ot 
the  witnesses,  as  may  possibly  enable  him  the  bet- 
ter to  appreciate  the  value  of  their  evidence.  He 
is  already  supplied  with  the  key  to  it,  in  the  brief 
narrative  which  has  gone  before. 

At  the  instance  of  the  prisoner's  counsel,  all  the 
witnesses  were  ordered  out  of  court  before  the  coun- 
sel for  the  crown  opened  the  case  for  the  prosecu- 
tion.    The     following,     then,     was    the    evidence 


CIRCUMSTANTIAL    EVIDENCE.  471 

adduced  to  prove,  first,  that  William  Huntley  had 
been  murdered  ;  and  secondly,  by  Robert  Goldsbo- 
rough,  the  prisoner  at  the  bar. 

William  Garbutt,  an  attorney  and  solicitor, 
proved  the  facts  stated,  at  the  commencement  of 
the  narrative,  as  to  the  family,  the  property,  and 
the  person  of  William  Huntley,  particularly  the 
prominent  tooth  ;  the  payment  to  him  of  ^85,  16s. 
4d.  on  Thursday,  the  2 2d  July,  1830.  He  had  ex- 
amined the  skull  which  had  been  found,  and,  from 
his  recollection  of  the  form  of  Huntley's  counte- 
nance, believed  it  to  have  been  his.  He  had  never 
heard  Huntley  talk  of  going  to  America,  A  war- 
rant had  been  issued  against  Garbutt  in  1830,  but 
unsuccessfully,  as  he  had  then  absconded,  and  had 
never  since  been  heard  of. 

George  Farnabay  had  known  both  Huntley  and 
Goldsborough  well.  They  were  very  intimate  ;  and 
the  last  time  he  had  seen  them  together  was  on 
Thursday,  29th  July,  1830.  He  saw  Goldsborough 
enter  his  house  (which  was  in  the  same  yard  as  the 
witness's  house)  about  3  p.  m.  the  next  day  (Friday), 
with  a  sort  of  sack,  but  could  not  guess  what  it 
contained,  nor  whether  it  was  light  or  heavy.  On 
the  next  evening  (Sunday,)  Goldsborough  stood 
at  his  window,  and  pressed  the   witness  to   accom- 


472  FAMOUS    CASES    OF 

pany  him  to  Yarm  fair  the  next  morning,  saying, 
that  a  man  there  owed  him  £$  ;  which  sum  Golds- 
borough  offered  to  lend  to  the  witness.  Goldsbor- 
ough  went  to  the  fair,  and  bought  a  cow  there,  and 
put  it  into  a  field  belonging  to  witness.  A  week 
afterwards  I  was  at  Goldsborough's,  when  Dalkin 
called  in  to  inquire  after  Huntley.  Goldsborough 
said,  Huntley  had  gone  to  Whitby  to  sail  for  Amer- 
ica. The  witness  had  himself  heard  Huntley  speak, 
at  different  times,  of  going  to  America. 

Robert  Braithwaite,  saw  Huntley  come  to  Golds- 
borough's  door,  knock,  and  be  admitted  about  five 
o'clock  in  the  morning  of  Friday,  30th  July,  1830. 
He  had  a  particular  tooth  in  his  under  jaw,  which 
pushed  his  lips  out.  Witness  had  seen  the  skull 
and  jaw-bone  ;  and  the  tooth  in  it  corresponded 
exactly  with  that  of  Huntley.  Just  before  his  dis- 
appearance, witness  (a  tailor)  had  made  him  a  dark 
green  coat  with  yellow  '  roundish '  buttons,  raised 
in  the  middle  ;  a  '  yellowish  '  striped  waistcoat  with 
yellow  buttons  ;  and  a  pair  of  patent  cord  trousers, 
with  a  yellow  sandy  cast,  and  a  '  broadish  '  rib  ;  and 
he  distinctly  observed  that  Huntley  wore  those 
trousers  when  he  called  at  Goldsborough's,  at  five 
o'clock  on  Friday  morning.  Witness  had  known 
Goldsborough   all  his  life.     He  was  always  very 


CIRCUMSTANTIAL    EVIDENCE.  473 

poor,    and    unable    to  pay  witness  for  his  clothes 
without  the  greatest  difficulty. 

James  Gears  was  sitting-  smoking  his  pipe  on  the 
roadside  (where  he  was  engaged  breaking  stones) 
at  Hutton-Rudby,  between  three   and   four  o'clock 
in  the  afternoon  of  Friday,  July  30th,  1830.     Hunt- 
ley, Goldsborough,  and  Garbutt  came  up  together, 
lit    their  pipes    at    that   of  the  witness,   and   then 
went  down  the  lane,  northward,  towards  Middleton. 
That  was  the  last  time  he  ever  saw  Huntley.     The 
witness  proceeded — "  On   Wednesday,  August  4, 
1830,  Goldsborough  and  I  were   walking  together 
towards  some  potato  fields,  and  he  pulled   a  quan- 
tity of  silver  out  of  his  left-hand  pocket,  and  four  or 
five  £5  bank-notes  out  of  his  right-hand   pocket. 
I  knew  them  by  the   stamp  to   be   £5   notes.     He 
told  me  they  were  Bank  of  England  notes.      I  said, 
Robert,  thou's  well  off — much  better  than  I  :  I  work 
hard  for  my  family,  and  yet  never  have  a  penny  to 
call  my  own."     He  said  he  had  got  the  money  out 
of  the  Stockton-on-Tees  bank,  where  he  could  draw 
money  whenever  he  wanted  it,  for  he  dealt  in  poul- 
try.    He  had  always  till  then  been  poor;  having 
many  times  occasion  to  borrow  a  little  meal  and  a 
little    flour    from    the    witness.      The    witness    had 
mentioned  the  circumstance  of  the  three  men  li<rht- 


474  FAMOUS    CASES    OF 

ing  their  pipes  from  his,  to  Bewick  the  constable, 
on  Monday  the  2d  August,  1830.  [If  that  were  so, 
he  must  have  then  had  his  suspicions  against  Golds- 
borough  ;  and  it  is  rather  odd  that  two  days  after- 
wards he  should  be  walking  so  familiarly  with 
Goldsborough,  and  should  not  have  challenged  him 
more  strictly  as  to  his  suddenly  acquired  wealth. 
As  singular  is  it,  that  Goldsborough,  if  guilty, 
should  have  so  stupidly  exhibited  it  to  one  who  well 
knew  his  previous  poverty  ;  and  that,  too,  at  the 
time  when  everybody  was  beginning  to  suspect  him 
as  Huntley's  murderer.] 

James  Braithwaite — The  last  time  he  ever  saw 
Huntley  was  about  eight  o'clock  in  the  evening  of 
Friday,  30th  July,  1830,  sitting  on  a  box  near 
the  fireplace  in  Goldsborough's  house.  His  face 
was  full  towards  witness,  who  saw  him  quite 
plainly.  Monday,  August  2d,  1830,  was  Yarm  fair- 
day  ;  and  on  witness  passing  along  the  highroad, 
about  nine  o'clock  in  the  evening,  he  observed 
a  pool  of  blood  about  fifty  yards  from  the  bridge, 
which  is  a  little  below  Foxton  Bank  on  the  road 
from  Yarm  to  Rudby.  He  mentioned  the  circum- 
stance the  same  day  to  Brigham  the  constable. 
About  ten  days  afterwards,  in  passing  Goldsbo- 
rough's   house,    about    ten    o'clock    one    night,  he 


CIRCUMSTANTIAL     EVIDENCE.  475 

observed  a  large  fire,  and  went  in,  and  told  Golds- 
borough  that  there  was  a  strong  smell  of  woollen 
burning.  He  replied  that  he  had  been  burning 
some  old  rags.  The  witness  soon  afterwards 
reminded  him  that  it  was  bed-time,  and  said,  "  Aren't 
you  going  to  bed  ?"  He  replied,  "  No ;  I  can't 
sleep." 

James  Maw — [This  man  was  by  far  the  most 
important  witness  in  the  case.  A  violent  attempt 
was  made  to  impeach  his  credit ;  but,  in  my  opin- 
ion, and  in  that  of  all  whom  I  conversed  with,  quite 
unsuccessfully.  He  was  about  forty  years  old,  very 
calm  and  collected — with  a  sort  of  quaint  pedantry 
of  manner,  and  gave  his  evidence  in  a  fair,  straight- 
forward way.]  The  last  time  he  had  ever  seen 
Huntley  was  about  nine  o'clock  on  the  night  of  Fri- 
day, July  30th,  1830,  near  the  bridle-road  leading  to 
Crathorne  Wood,  in  company  with  Goldsborough, 
who  carried  anew  gun,  and  Garbutt — all  three 
of  whom  the  witness  had  long  known  well.  Huntley 
wore  a  dark  green  coat,  a  yellow  neckcloth  (which 
the  witness  particularly  noticed),  and  darkish  trou- 
sers and  waiscoat.  He  spoke  to  witness,  and  said, 
"  Where  hast  thou  been,  thou  caffy  dog  ?  [which 
was  a  common  expression  of  Huntley's.]  Wilt  go 
along  with  us  ?" — "  No,"  replied  the  witness  ;  "  you'll 


476  FAMOUS    CASES     OF 

be  getting  into  mischief  with  your  poaching  !"  "  Do 
thou  go  with  us,"  said  Huntley;  ''we're  going  to 
try  a  new  gun,  and  if  we  catch  a  hare,  we'll  go  to 
Crathorne,  have  it  stewed,  and  get  some  ale."  He 
then  pulled  out  of  his  pocket  some  notes,  showed 
them  to  witness,  and  said,  "  I've  plenty  of  money ; 
I've  been  to  Mr.  Garbutt's  and  drawn  part  of  my 
fortune."  On  this,  Goldsborough  said,  "  Put  up  thy 
money,  thou  fool ;  why  art  exposing  it  that  way  ?" 
And  then  he  added  (but  the  witness  was  not  sure 
whether  to  Huntley  or  Garbutt),  "  We'll  have  no- 
body with  us."  They  then  went  on  through  the 
gate  on  to  Crathorne  bridle-road,  and  the  witness 
went  home,  which  he  reached  about  ten  o'clock. 
[I  shall  give  the  remainder  of  his  evidence  in  his 
own  words.]  "On  Saturday,  August  7th,  Bewick 
the  constable  and  I  went  to  the  shop  of  Hall,  a 
butcher  at  Hutton-Rudby,  and  there  we  had  some 
talk  about  Huntley's  being  missing ;  and  we  and 
several  others  went  that  night  to  Goldsborough's 
house.  Bewick  said — '  Goldy,  there  are  strange 
reports  about  Huntley  ;  what  hast  thou  really  done 
with  him  ?'  Goldsborough  was  very  much  agitated, 
making  no  answer  for  some  time  ;  then  said  he  had 
set  Huntley  on  the  Whitby  Road  as  far  as  Easley 
Bridge,  to  take  ship  for  America.     But  I  said  that 


CIRCUMSTANTIAL    EVIDENCE.  477 

was  very  unlikely,  for  there  had  been  no  ship  adver- 
tised to  go  to  America.  Shortly  afterwards,  he 
said  he  had  set  Huntley  on  the  Tontine  Road,  to 
take  coach  for  Liverpool — which  was  in  the  opposite 
direction  to  Whitby.  I  asked  if  Huntley  had 
booked  at  the  Tontine  ?  Goldsborough  said  no,  he 
had  got  on  the  coach  beyond  the  Tontine.  On  this 
we  all  told  him  these  were  two  opposite  tales.  I 
forget  what  his  answer  was,  but  he  seemed  very 
much  agitated — so  much  so,  that  he  quite  shook, 
and  required  to  use  both  his  hands  to  put  his  hat 
on.  Bewick  and  I  at  another  time  went  to  call 
on  him,  and  found  him  walking  up  and  down  before 
some  houses  near  his  own.  Bewick  said,  '  Now 
really  tell  us,  what  hast  thou  done  with  Huntley  ?' 
He  answered  and  said — [that  was  the  formal 
style  in  which  much  of  the  witness's  evidence  was 
given] — '  I  sent  him  up  to  Carlton  Bank,  to  go  into 
Bilsdale,  to  see  some  friends  of  his.'  We  said  that 
was  again  another  different  story  ;  but  I  forgot  his 
answer.  The  same  evening,  I  and  four  other  men 
(some  of  them  constables),  who  all  died  of  the 
cholera  when  it  was  here,  went  to  Goldsborough's 
house  to  search  it — he  not  objecting  to  it.  We 
found  a  pair  of  woollen  corded  trousers,  an  old 
waistcoat,   and  an  old  coat.     I  could   almost  have 


478  FAMOUS    CA  SES    OF 


sworn  they  were  all  Huntley's.  We  also  found  six 
new  shirts,  marked  '  W.  H.  i,'  «  W.  H.  2,'  'W.  H. 
3,'  «W.  H.  4/  <  W.  H.  5,'  <W.  H.  6/  in  an  old- 
fashioned  piece  of  furniture,  like  a  box  or  press, 
up-stairs ;  not  in  the  room  where  one  Hannah  Best 
was  engaged  washing.  The  shirts  had  been  made 
by  one  Hannah  Butterwick  ;  she  was  then  there, 
and  is  now  living,  but  I  know  not  where.  We 
asked  Goldsborough  how  he  explained  all  these 
things  ;  and  he  said  that  Huntley  had  given  the 
things  to  him.  We  said,  '  No,  no  ;  he's  too  greedy 
a  man  for  that ;'  on  which  Goldsborough  said 
he  had  lent  Huntley  money,  and  he  had  left  these 
things  in  part  payment.  There  was  a  watch, 
seemingly  of  silver,  with  '  W.  H.'  engraved  on  the 
back,  hanging  up  over  the  fireplace.  We  took  it 
down  and  examined  it.  There  were  two  papers 
inside,  one  with  the  name  of  '  Mr.  Needham,'  the 
other  '  Mr.  Stephenson,  watch  and  clock-maker, 
Stokesley.'  Goldsborough  gave  the  same  account 
of  the  watch  as  he  had  given  of  the  clothes  and 
shirts.  There  was  a  gun  up  the  stairs,  like  the  one 
I  had  observed  in  his  hand  when  I  last  saw  him 
with  Huntley:  it  was  new-looking.  His  sister-in- 
law  pointed  to  it,  crying,  and  saying,  '  Oh,  Robert, 
this  is  the  thing  thou'st  either  killed  or  hurt  Huntley 


CIRCUMSTANTIAL   EVIDENCE.  479 

with.     He  replied,  '  Hold  thy   tongue,  thou   fool  ! 
and  was  much  agitated.     I  afterwards  made  one  of 
those    who    went    to    search    for    Huntley's    body. 
About  fifty  yards  from  that  part  of  the  road  where 
the  blood  was  found,  near  Foxton  Bridge,  I  recollect 
seeing  a  place,  in  a  potato  ground,  where  the  earth 
seemed    to    have    been    newly   dug.      [It  certainly 
seems  unaccountable  that,  if  this  circumstance  really 
had  been  observed  at  that  time,  a  spot  so  challeng- 
ing    suspicion    should    not   have     been     instantly 
examined.]     After  we  had   been    searching    some 
time,   we   met    Goldsborough,    who    said,    '  Where 
have  you  been  searching  to-day  ?'     Several  persons 
replied,    '  In    Foxton    Beek,    Foxton    Woods,    and 
Middleton,  and  Crathorne  Woods.'     Goldsborough 
answered,    '  He's   far  more  likely   to   be  found  in 
Stokesley    Beck.' "     [The   very    place    where    the 
skeleton    was    found;    but    the    obvious    question 
arises — Could  the  prisoner  have  been  insane  enough 
thus  to  indicate   the   spot  where  he  had  deposited 
the  body  of  his  victim  ?]     The  witness  then   de- 
scribed  Huntley's  face,   particularly  his   projecting 
tooth  ;  and  said  he  had  seen  the  skull  and  jaw-bone, 
with  the   projecting  tooth   in  it,  just  in   the   same 
place  as  Huntley's  was,  and  projecting  in  the  same 
way. 


480  FAMOUS    CASES    OF 


John  Sanaerson  lived  in  a  house  200  yards  from 
Crathorne  Wood,  and  well  recollected  hearing, 
about  eleven  or  twelve  o'clock  on  the  night  of  Fri- 
day,  July  30th,  1830  (the  Friday  before  Yarm  fair), 
a  shot  fired  in  the  wood  ;  and  a  second  within  about 
a  minute  afterwards.  It  seemed  about  a  quarter  of 
a  mile  off.  He  got  up  and  listened ;  but  heard 
nothing  more.  There  was  game  in  the  wood,  and 
there  were  sometimes  poachers. 

Bartholomew  Goldsborongh. — On  sfoinof  on  Mon- 
day  morning,  2d  August,  1830,  to  Yarm  fair,  saw  a 
pool  of  stale-looking  blood,  about  one  and  a  half 
feet  in  diameter,  lying  on  the  high-road  (which  was 
not  much  frequented),  a  little  on  the  Crathorne  side 
of  the  road,  and  in  a  slanting  direction  towards  the 
gate  leading  into  Crathorne  Wood.  He  had  noticed 
this  blood  before  he  had  heard  that  Huntley  was 
missing.  The  place  where  the  blood  lay  was  from 
four  to  six  miles'  distance  from  Stokesley  Beck, 
where  the  skeleton  was  found. 

Thomas  Richardson  had  sold  Goldsborough  a 
single-barrelled  gun,  on  Monday,  26th  July,  1830, 
for  8s.  It  was  an  old  one,  but  cleaned  and  polished 
up  so  as  to  look  like  a  new  one.  He  did  not  pay 
for  it,  saying,  he  would  take  it  on  trial.  A  day  or 
two    after   Yarm    fair  (which   was  on   Monday,   2d 


CIRCUMSTANTIAL     EVIDENCE.  481 

August,  1830),  the  witness  called  on  him  for  pay- 
ment. Goldsborough  said  he  would  return  it — he 
did  not  want  it,  and  had  not  used  it.  The  witness 
thrust  his  finger  down  the  muzzle,  and  when  he 
drew  it  out  it  was  dirty  with  the  mark  of  powder. 
The  witness  showed  him  the  finger,  and  told  him 
he  had  used  the  gun  ;  which  the  witness  then  took 
away.  When  the  witness  entered  Goldsborough's 
house,  the  latter  was  engaged  at  a  chest,  in  which 
were  some  clothes  ;  he  particularly  recollected  see- 
ing a  pair  of  woollen  cord  trousers,  broad  striped, 
and  a  yellow  cast  with  them  ;  a  yellow  waistcoat 
with  a  dark  stripe  with  gilt  buttons.  There  were 
other  clothes  of  a  dark  color.  The  trousers  and 
waistcoat  were  Huntley's — for  the  witness  had  seen 
him  wear  them.  He  had  also  seen  Huntley  wearing 
a  green  coat  with  brass  buttons,  having  a  nob  on 
them.  [This  witness  gave  his  evidence  in  a  satisfac- 
tory manner  ;  and  admitted,  on  cross-examination, 
having  been  once  or  twice,  some  time  before, 
imprisoned  for  poaching,  and  once  for  having  stolen 
some  goslings  ;  of  which,  however,  he  strenuously 
declared  that  he  had  not  been  guilty.  Mr.  Baron 
Rolfe,  in  summing  up,  seemed  justly  to  attach  no 
weight  to  these  circumstances  as  impeaching  the 
value  of  his  evidence.] 

\ 


482  FAMOUS    CASES    OF 

Joseph  Dalkin. — Heard  on  Sunday,  ist  August, 
1830,  of  Huntley's  disappearance,  and  went  on 
that  day  to  Goldsborough's,  to  inquire  after  him. 
Goldsborough  said  he  had  set  Huntley  along  Stokes- 
ley  Lane — that  he  was  going  to  sail  for  America 
from  Whitby,  at  four  o'clock  on  the  next  morning 
(Monday).  Witness  said  he  would  go  and  stop 
him,  for  he  owed  witness  £^.  for  a  suit  of  clothes. 
Goldsborough  said,  "  Huntley  and  I  have  had  all 
that  matter  talked  over  about  his  owing  thee 
money  ;  he  never  intends  paying  thee — and  it's  of 
no  use  thy  going  after  him."  The  witness,  how- 
ever, did  go  immediately  to  Whitby  (a  distance  of 
thirty  miles),  and  searched  the  whole  town  for 
Huntley,  but  in  vain :  nor  was  there  any  vessel 
going  to  America.  When  the  witness  measured 
Huntley,  he  wore  a  pair  of  patent  cord  trousers, 
with  broad  rib,  and  yellowish  cast.  He  had  pressed 
Huntley  several  times,  in  vain,  to  pay  his  bill. 

George  Bewick,  a  linen  manufacturer,  and  also,  in 
1830,  a  constable.  He  had  known  Huntley,  and 
recollected  his  disappearance.  In  consequence  of 
hearing  of  it,  he  went  soon  after  to  Hall's  (the 
butcher's)  shop,  where  were  Goldsborough  and 
several  others ;  but  he  did  not  then  recollect 
whether  the  witness  Maw  was   also   there.     Hunt- 


CIRCUMSTANTIAL    EVIDENCE.  483 

ley's  wife  also  accompanied  witness,  and  he  said  to 
Goldsborough,  "  There's  a  report  that  Huntley  is 
missing ;  and  as  I  hear  you  were  last  with  him,  I 
thought  you  the  likeliest  person  to  ask  about  him." 
He  replied,  "  that  Huntley  had  some  relations  at 
Bilsdale,  and  had  gone  there  to  see  them."  "  Why 
then,"  asked  the  witness,  "  did  you  tell  Joe  Dalkin 
he  had  gone  to  Whitby,  and  thereby  give  him  a 
sixty  miles'  journey  for  nought  ?"  He  made  some 
unsatisfactory  answer;  but  what  it  was  the  witness 
did  not  recollect.  He  was  agitated,  and  trembled. 
The  witness  then  said  to  him,  "  I  understand  thou 
hast  Huntley's  five  shirts :  how  did'st  thou  come  by 
them  ?"  He  answered  that  he  had  bought  them  of 
Huntley :  to  which  the  witness  replied,  "  I  under- 
stand you  and  Huntley  bought  a  web  from  George 
Farnabay  between  you,  which  made  you  five  shirts 
each  ;  and  it  was  not  likely  that  either  you  could 
buy  or  he  would  sell  you  his  five  shirts ;  and  here's 
his  wife  says  he  was  badly  off  for  shirts — having 
only  a  bad  one  on,  and  a  worse  one  off?"  His 
answer  to  this  the  witness  had  forgotten.  He  pro- 
ceeded to  give  the  same  description  of  Huntley's 
person  which  had  been  given  by  the  other  witnesses  : 
adding,  "  Huntley  had  something  more  remarkable 
about  his  appearance  than  most  men  ;"  and  that  he 


484  FA  MOTS    CASES    OF 

had  seen  and  examined  the  skull  and  jaw-bone,  and 
believed  it  to  be  Huntley's.  [This  was  an  impor- 
tant witness ;  of  respectable  character  and  appear- 
ance ;  and  corroborating  the  evidence  of  Maw  in 
several  material  particulars.  No  attempt  even  was 
made  to  shake  him  by  cross-examination.] 

Maria  Richardson  had  lived  at  Hutton-Rudby 
when  Huntley  was  missed.  He  wore  at  that  time 
woollen  cord  trousers,  with  a  broad  rib,  and  yellow 
cast ;  and  had  a  yellow  waistcoat  with  a  dark-colored 
stripe  in  it.  These  articles  of  clothes,  which  wit- 
ness knew  at  the  time  to  be  Huntley's,  together 
with  others,  she  saw  in  Goldsborough's  house  in  a 
sort  of  old-fashioned  chest  or  press,  about  a  week 
or  fortnight  after  Huntley  was  missing.  When  she 
went  in,  Goldsborough  was  at  the  chest  looking 
over  the  clothes,  and  did  not  seem  agitated.  She 
was  confident  about  having  seen  the  articles  in 
question. 

John  Kaye  was  sitting  on  the  step  of  the  house 
next  door  to  Goldsborough  s,  on  Sunday,  1st 
August,  1830,  and  saw  the  witness  Dalkin  go  to 
Goldsborough's  house,  and  then  come  back. 
Goldsborough  followed  him  out,  and  then  remained 
standing  close  to  the  witness,  and  said,  "  That  gen- 
tleman's been   to   my   house,   asking  for  Huntley ; 


CIRCUMSTANTIAL     EVIDENCE.  4S5 

but  I've  told  him  he'll  find  him  neither  at  my  house 
nor  at  Whitby,  nor  anywhere  else  !"  The  witness 
saw  Goldsborough  the  next  day  (Monday,  2d 
August,  1830)  driving  home  a  red  cow  from  Yarm 
fair. 

Elizabeth  Shaw. — On  Friday  night,  30th  July, 
1830  (not  having  then,  nor  till  a  week  afterwards, 
heard  of  Huntley's  disappearance),  between  twelve 
and  one  o'clock,  was  at  Mr.  Bainbridge's  house, 
which  was  just  opposite  to  Goldsborough's.  She 
had  brought  some  linen  home  from  the  wash-house. 
While  there  she  observed  Goldsborough  go  out  of 
his  yard  ;  then  he  went  up  to  the  public-house  of 
Catchasides  (also  a  constable),  and  first  listened  at 
the  door,  then  at  the  low  window,  and  then  looked 
up  towards  the  upper  window,  after  which  he 
returned  towards  his  own  house.  When,  about  a 
week  afterwards,  the  witness  had  heard  that  Huntley 
was  missing,  she  went  to  Goldsborough's  house, 
and  found  him  sitting  by  a  large  fire,  reading. 
"Dear  me,"  said  the  witness  to  him,  "  this  is  a 
large  fire  for  summer !"  He  said  he  had  been 
burning  some  old  rubbish,  from  under  the  stairs. 
There  was  a  strong  smell  of  woolen  burning ; 
and  while  the  witness  was  talking  in  this  way  to 
him,    he   got   up,    opened   the   back    window,   and 


486  FAMOUS     CASES     OF 

stood  leaning  for  some  time  against  it,  saying,  "  I'm 
only  looking  out  to  get  a  bit  of  fresh  air."  Two  or 
three  days  afterwards,  she  again  saw  Goldsborough 
at  his  house,  and  said,  "  What  a  sad  thing  it  was  if 
Huntley  was  murdered !"  But  all  he  said  was, 
"  You'll  all  see  by-and-by  whether  he's  been  mur- 
dered or  not !"  About  that  time  he  appeared 
greatly  troubled  in  his  mind,  and  not  inclined  to 
speak  to  any  one.  Goldsborough  was  a  poor  man, 
scarcely  able  to  get  a  meal  of  meat,  and,  in  particu- 
lar, was  badly  dressed.  She  believed  she  had  heard 
Goldsborough,  and  possibly  Huntley,  talk  of  going 
to  America  ;  and  thought  she  had  heard  Goldsbo- 
rough say  that  Huntley  had  gone  to  America,  and 
had  "  rued  "  it.  [This  witness  gave  her  evidence 
in  a  plain,  straightforward  manner,  admitting  that 
she  had  had  two  children  before  marriage,  and  had 
been  once  in  jail  for  an  assault,  and  once  for  steal- 
ing geese — the  truth  of  which  charge  she  vehe- 
mently denied.  She  did  not  vary  at  all  in  her 
evidence,  under  cross-examination.] 

Hannah  Best  (mother  of  the  last  two  female 
witnesses),  used  to  wash  for  Goldsborough  once  a 
week  ;  and  when  at  his  house,  on  such  occasions, 
used  to  put  one  of  his  two  children  to  bed.  The 
last  time  she  had  washed  for  him  was  on   Friday, 


CIRCUMSTANTIAL    EVIDENCE.  487 

30th  July,  1830;  and  on  that  occasion  he  said  lie 
would  himself  put  his  child  to  bed,  but  gave  no 
reason  for  so  doing.  During  the  afternoon  of  that 
day,  she  observed  him  bring  in  something  in  a  sack 
on  his  back,  and  take  it  up-stairs.  She  could  not 
recollect  ever  having  seen  any  shirts  in  Goldsbo- 
rough's  house  that  were  marked,  and  must  have 
recollected  them  if  there  had  been  such  ;  nor  did 
she  recollect  seeing  Goldsborough  looking  into  a 
chest,  nor  with  any  such  clothes  as  had  been 
described ;  nor  did  she  recollect  seeing  the  witness 
Maw  in  the  house.  [This  was  a  stupid  old  woman 
of  the  11011  miricordo  class  ;  either  really  recollecting 
nothing  of  what  had  happened,  or  resolved  to  say 
nothing  prejudicial  to  Goldsborough.] 

Anthony  Wiles,  till  within  the  last  seven  years, 
had  lived  next  door  to  his  step-sister,  who  kept  a 
chandler's  shop  at  Hutton-Rudby ;  and  where  he 
had  often  seen  Huntley  go  in  to  change  his  money 
into  half-crown  pieces,  for  which  he  always  seemed 
to  have  a  peculiar  fancy.  Witness  knew  Goldsbo- 
rough well ;  and  recollected  the  time  of  Yarm 
fair,  on  Monday,  2d  August,  1830.  On  the  Saturday 
before,  recollected  seeing  Goldsborough;  Thomas 
Groundy,  and  two  others,  in  a  public-house,  drink- 
ing, in  the  front  kitchen  ;  they  came  in  about  twelve 
13 


488  FAMOUS    CASES    OF 

o'clock  at  night,  and  remained  there  till  four  o'clock 
in  the  morning.  They  had  at  least  thirteen  pints 
of  ale  ;  and  Goldsborough  paid  for  all — giving  half- 
crowns,  and  getting  change  for  them  every  second 
or  third  pint.  The  witness  was  one  of  those  who 
had  searched  for  Huntley's  body  on  the  Friday  or 
Saturday  after  he  was  missing.  After  having  been 
home  to  get  some  refreshment,  they  returned  to 
their  task  ;  and  while  at  a  hay-stack,  which  was 
about  two  miles  from  the  place  where  the  bones 
were  found,  Goldsborough  came  up,  anxious  and 
breathless,  and  said,  "  What  are  you  doing  there  ? — a 
lot  of  fools  !  If  you'll  only  wait,  I'll  bring  him  for- 
ward in  a  fortnight !" 

John  Duck  was  overseer,  in  1830,  of  the  parish 
where  Goldsborough  then  lived  ;  and  gave  him  and 
his  family  parish  relief  in  the  fore  part  of  that  year 
— viz.  five  shillings  a-vveek  for  four  weeks. 

Robert  Hall,  a  butcher  at  Hutton-Rudby,  saw 
Goldsborough  at  Yarm  fair  on  Monday,  2d  August, 
1830,  buying  a  red  heifer,  for  which  witness  saw 
him  pay  £j  ;  and  observed  that  he  had  paper 
money,  gold,  and  silver.  Recollected  also  Bewick, 
accompanied  by  Mrs.  Huntley,  coming  to  his  shop 
shortly   after    Huntley  was  missing,  to  inquire  of 


CIRCUMSTANTIAL    EVIDENCE.  489 

Goldsborough,    who    was    there    also,    what    had 
become  of  Huntley. 

William  Robinson,  a  weaver  at  Barnsley. — In 
the  autumn  of  1830 — towards  Martinmas — Golds- 
borough  came  to  reside  with  the  witness  ;  he  took 
a  loom  of  witness,  and  called  himself  "Robert;" 
when  asked  his  other  name,  he  used  to  say,  "  Touch 
me  lightly  /"  He  complained  at  first  of  being  poorly, 
and  did  not  work  for  some  weeks,  but  would  go 
ont  with  a  gun  to  shoot  small  birds.  When  he  first 
came,  he  had  on  a  pair  of  broadish  woollen  fawn- 
colored  trousers,  and  had  also  a  black  coat.  His 
box  did  not  arrive  till  some  weeks  afterwards ;  and 
then  he  had  a  green  and  black  plaid  coat,  a  top- 
coat, two  hats,  and  two  watches — one  apparently 
an  old  and  the  other  a  new  one,  and  made  of  silver. 
Both  had  cases  when  he  first  came,  but  he  subse- 
quently lost  the  case  of  the  old  one.  Witness  never 
saw  him  with  money ;  but,  from  his  style  of  living, 
he  must  have  had  it.  Once,  on  witness  talking 
about  buying  a  pig,  Goldsborough  told  him  not  to 
be  "  fast "  for  want  of  a  pound  or  two,  and  lent  him 
two  sovereigns.  After  living  with  witness  a  few 
weeks,  he  went  away — northward,  as  he  said — and 
after  a  month's  absence,  returned  with  a  woman, 
whom   he  said  he  had  married.     They  only  took 


490  FAMOUS    CASES     OF 

their  meals  with  the  witness ;  sleeping  elsewhere. 
They  lived  much  better  than  witness  and  his  family 
could  afford  to  live. 

William  White. — In  the  spring  of  1831,  Golds- 
borough  came  to  live  near  witness's  mother,  at 
Barnsley,  under  the  name  of  Robert  Towers.  He 
used  to  have  witness  to  go  out  with  him  shooting, 
to  gather  his  birds — and  the  first  time  he  paid 
witness  anything,  was  a  shilling,  which  he  took  out 
of  a  quantity  of  gold  and  silver — there  must  have 
been  as  much  as/^'i5  or  £16,  and  30s.  worth  of  sil- 
ver, or  thereabouts.  He  had  a  watch,  with  a  scarlet 
ribbon  and  two  large  seals,  which  he  wore — and 
another  with  no  outer  case.  He  once  offered  to 
sell  witness  the  watch  he  wore;  and  on  his  declin- 
ing, asked  him  if  he  would  buy  the  inside  of  another, 
which  also  the  witness  declined.  At  this  time,  he 
had  been  about  four  or  five  months  at  Barnsley. 
Once  the  witness  asked  him  where  he  had  come 
from ;  and  he  replied,  Darlington.  Soon  after  he 
.came  he  bought  a  chest  of  drawers,  a  corner  cup- 
board, and  some  chairs.  He  said  he  had  got  ^80 
from  his  wife's  friends. 

Three  witnesses  were  then  produced,  to  speak  to 
the  peculiarities  of  Huntley's  personal  appearance, 
and  the  correspondence  of  the  skull  which  had  been 


CIRCUMSTANTIAL    EVIDENCE.  491 

found  with  the  form  of  his  face  and  head.  One 
was  a  respectable  farmer,  who  had  known  him  for 
fourteen  years,  and  said  that  he  had  a  low  nose  and 
forehead,  and  his  head  was  largeish  behind.  The 
witness  had  seen  and  examined  the  skull. — "  It 
was,"  he  said,  "  similar  to  Huntley's  head,  his  face, 
and  everything  about  it."  A  second  witness  was  a 
hatter  at  Hutton-Rudby,  whose,  customer  Huntley 
had  been.  He  required  a  large  hat ;  and  on  the 
last  occasion,  the  witness  had  found  it  difficult  to 
fit  him.  He  had  a  particular  shaped  face,  a  short 
one,  a  broad  flat  nose,  and  was  much  sunk  between 
the  eyebrows.  The  low  part  of  his  forehead  over- 
hung much,  and  then  fell  back  ;  and  the  hinder  part 
of  his  head  was  very  large.  The  third  witness  had 
known  Huntley  when  a  boy,  and  used,  with  the 
other  boys,  to  plague  him  about  his  tooth. 

Then  was  adduced  the  evidence  of  the.  discovery 
of  the  bones,  and  the  locality  where  they  were 
found,  of  which  I  have  already  given  some  account. 
The"stell"  in  question  seemed  to  be  a  sort  of 
tributary  stream  to  the  river  Leven,  two  or  three 
yards  deep,  though  not  broad,  and  was  occasionally 
subject  to  floods,  when  its  water  would  run  rapidly 
down,  past  the  spot  where  the  bones  were  found, 
which  was  in  a  sort  of  small  bend  or  curve   of  the 


492  FAMOUS     CASES     OF 

stream,  where  the  current  had  in  a  manner  under- 
mined the  bank,  which  is  left  considerably  over- 
hanging. As  I  understood  it,  this  hollowed  part 
must  have  been  still  further  excavated,  for  the  pur- 
pose of  receiving  the  body,  which  was  supposed  to 
have  been  thrust  in  "  backside  foremost,"  leaving- 
the  skull  at  one  angle,  and  the  feet  at  the  opposite 
one  of  the  base  of  the  triangle.  The  soil  was,  i 
believe,    alluvial.       The    spot    in    question    was     a 

secluded  one,  being  the  property  of  a  Colonel , 

who  had  once  or  twice  been  seen  fishing  in  it. 
There  was  a  foot-bridge,  but  at  a  considerable 
distance,  higher  up  the  stream.  The  whole  of  a 
human  skeleton  was  found  except  the  feet,  the 
small  bones  of  which  might  have  been  exposed  to 
the  action  of  the  current,  and  from  time  to  time 
washed  away.  All  the  bones,  and  particularly  the 
skull,  were  removed  most  carefully  by  the  hand,  so 
that  no  injury  might  be  inflicted  by  spade  or  pick- 
axe. When  first  discovered,  it  would  appear  certain 
that  there  was  a  very  prominent  tooth  on  the  left 
side  of  the  lower  jaw,  which  arrested  the  attention 
of  all  those  who  saw  it ;  but  soon  afterwards,  owing 
to  the  inconceivable  carelessness  and  stupidity  of 
those  intrusted  with  the  custody  of  such  all-impor 
tant  articles,  and  who   permitted   every  idle   visitor 


CIRCUMSTANTIAL     EVIDENCE.  493 

to  have  free  access  to  them,  the  tooth  in  question — 
alas  ! — was  lost !  I  confess  I  have  seldom  expe- 
rienced such  a  rising  of  indignation  as  when  this 
remarkable  deficiency  of  evidence  was  thus  disgrace- 
fully accounted  for ;  and  had  I  been  the  judge,  the 
very  least  symptom  of  my  displeasure  would  have 
been  the  disallowance  of  the  costs  of  any  witness  in 
whose  custody  the  bones  had  been  placed  when 
the  tooth  in  question  was  with  them. 

To  return,  however  —  it  was  now  nearly  five 
o'clock  in  tne  afternoon,  and  as  the  case  for  the 
crown  must  inevitably  close  shortly,  it  was  properly 
determined  upon  to  produce  the  bones  during  the 
broad  daylight,  to  enable  the  jury,  judge,  and  the 
witnesses,  to  see  them  distinctly.  As  soon  as  I 
heard  a  whispered  suggestion  to  that  effect,  I  fixed 
my  eyes  closely  on  the  prisoner.  As  soon  as  he 
heard  the  order  given  to  produce  the  bones,  I  per- 
ceived that  he  slightly  changed  color ;  and  turning 
his  head  a  little  towards  the  witness-box,  where  he 
expected  them  to  be  produced,  he  directed  quick, 
furtive  glances,  while  a  new  square  deal  box  was 
brought  forward,  and  unlocked.  To  the  eye  of  a 
close  observer,  the  prisoner's  countenance  now 
evidenced  the  miserable  and  almost  overpowering 
agitation  he   was   experiencing — and  that,   withal, 


494 


FAMOUS    CASES    OF 


he  was  nerving  himself  up,  so  to  speak,  for  a  great 
effort.  I  perceived  his  breast  twice  or  thrice  heave 
heavily  ;  and  though  conscious  of  being  watched 
closely  by  those  around  him,  he  could  not  keep  his 
eyes  for  more  than  a  moment  away  from  the  box, 
with  whose  mysterious  contents  he  was  to  be  so 
quickly  confronted.  At  length  a  dark  brown  skull, 
the  hinder  part  appearing  to  have  been  broken  off, 
was  lifted  out  of  the  box  ;  the  prisoner's  under-lip 
drooped  a  little,  and  perceptibly  quivered  for  a 
moment  or  two — and  after  one  or  two  glances 
at  the  skull,  he  looked  in  another  direction,  his 
eyes,  if  I  know  anything  of  human  expression,  full 
of  suppressed  agony  and  terror.  Yet  again — and 
aeain — he  glanced  at  the  dumb  but  fearful  witness 
produced  against  him  ;  and  from  a  certain  tremu- 
lous motion  of  the  ends  of  his  neckerchief,  I  could 
perceive  that  his  heart  was  beating  violently.  Still 
he  never  moved  from  the  position  which  he  had 
occupied  since  the  morning  ;  though  I  learnt  from 
one  of  the  turnkeys  who  stood  near  him  in  the  dock, 
that  at  the  period  I  am  mentioning,  and  also  at 
several  other  periods  of  the  day,  he  trembled  so 
violently,  and  his  knees  seemed  so  near  giving  way, 
that  they  almost  thought  he  would  have  fallen. 
In   these  observations  concerning  the   prisoner's 


CIRCUMSTANTIAL    EVIDENCE.  495 

demeanor,  I  am  happy  to  find  myself  corroborated 
by  a  very  able  and  learned  friend,  himself  a  close 
observer,  who  was  leading  counsel  for  the  prosecu- 
tion, and  made  a  point  of  watching  the  prisoner  at 
the  moment  which  I  also  had  selected  for  so  doing. 
He  tells  me  that  he  had  also  observed  another  little 
circumstance — that  the  prisoner  listened  with  com- 
parative unconcern  to  those  portions  of  the  evidence 
relating  to  the  blood  found  on  the  road,  the  sound 
of  the  gun-shot  heard  in  the  wood,  his  possession 
of  the  clothes  of  Huntley,  and  his  conflicting 
accounts  concerning  them,  and  the  movements  of 
Huntley  ;  but  whenever  there  was  any  allusion  to 
the  disposal  of  the  body,  the  carrying  of  it,  and 
depositing  it  at  Stokesley  Beck,  he  became  evi- 
dently painfully  absorbed  by  what  was  said — agi- 
tated and  apprehensive — always,  however,  striving 
to  conceal  his  emotion.  For  what  reason  I  know 
not,  but  no  other  portions  of  the  skeleton  were  pro- 
duced in  court  than  the  skull,  the  jaw-bone,  the 
teeth,  and  a  portion  of  the  pelvis.  I  examined 
them  all  carefully.  They  were  of  a  dark  brown 
color,  with  no  appearance  of  decay — on  the  con- 
trary, they  seemed  strong  and  compact.  Most  of  the 
teeth  were  so  loose  as  to  fall  out  of  the  sockets, 
unless  held  in  them  while  the  jaw-bone   and   skull 


496  FAMOUS    CASES    OF 

were  being  examined.  None  of  the  teeth  were 
decayed,  but  such  as  might  have  been  expected  in 
a  healthy  adult,  who  had  at  all  events  never  had 
diseased  teeth.  I  examined  minutely  the  socket 
which  had  contained,  when  the  bones  were  first 
discovered,  the  prominent  tooth — the  first  molar 
tooth  on  the  left  side  of  the  lower  jaw — subsequently 
so  strangely  lost.  There  was  little  apparent  differ- 
ence between  it  and  its  corresponding  socket  on  the 
other  side  of  the  lower  jaw  ;  than  which,  however, 
it  was  a  trifle  deeper,  and  the  outside  edge  pro- 
jected a  little,  and  only  a  little,  more  outwards. 
But  even  had  they  both  been  precisely  similar,  I 
conceive  it  yet  quite  possible  that  the  tooth  might, 
in  life,  have  been  a  larger  one  than  usual  above 
the  gum,  and  inclining  a  little  outwards,  so  as  to 
cause  a  perceptible  protrusion  of  the  under-lip.  As 
far  as  my  own  impression  goes,  I  should  certainly 
have  felt  great  difficulty  in  pronouncing,  from  the 
mere  appearance  of  the  socket,  that  the  tooth  which 
it  had  contained  must  have  been  such  a  prominent 
and  projecting  one,  as  to  give  the  living  individual 
a  remarkable  peculiarity  of  countenance.  Still, 
however,  it  must  be  borne  in  mind  that  a  very 
prominent  tooth  that  socket  actually  did  contain, 
when  first  removed   from  the   earth,    unless  all  the 


CIRCUMSTANTIAL    EVIDENCE.  ig7 

witnesses  who  said  that  they  had  observed  it,  Mr. 
Strother  the  surgeon  included,  are  perjured,  or 
laboring  under  an  inconceivable  delusion  on  the 
subject. 

The  skull  was  dark,  and  of  compact  texture  ;  but 
the  first  thing  that  struck  one  was,  that  a  great 
portion — nearly  two-thirds — of  the  lower  hinder 
part  was  wanting,  and  seemed  to  have  been  broken 
off.  It  had  no  appearance  of  having  decayed  or 
mouldered  away,  but  of  having  been  fractured — 
broken  off;  but  whether  before  or  after  death,  I 
cannot  venture  to  offer  an  opinion.  The  edge  was 
rough  and  abrupt — I  mean  not  smooth  and  uniform, 
but  strong  and  well-defined.  In  short,  the  missing 
part  must  have  been  broken  off.  I  observed  no 
traces  whatever  of  shot-marks  in  any  part  of  the 
skull  or  jaw.  If  one  may  be  allowed  to  speculate 
in  such  a  matter,  I  should  say  that,  if  a  loaded  gun 
or  pistol  had  been  discharged  during  life-time  at  the 
person  to  whom  that  skull  had  belonged,  say  with 
the  muzzle  pointed  at  or  near  either  ear,  in  a  direc- 
tion parallel,  or  nearly  so,  with  the  other ;  or  if, 
even,  it  had  been  discharged  from  behind,  but  in  a 
somewhat  upward  direction  ;  or  if  the  person  had 
been  felled  by  a  heavy  blow  from  behind,  and  blows 
subsequently    repeated    till    death    ensued ;    or    if, 


498  FAMOUS    CASES     OF 

having  been  in  the  first  instance  shot,  the  back  of 
the  head  had  been  battered  in  by  blows  from  any 
heavy  instrument,  whether  before  or  after  death ; — 
in  any  of  these  cases,  I  should  have  expected  the 
skull,  after  lying  ten  or  twelve  years  in  the  ground, 
without  having  ever  been  in  any  coffin,  to  present 
the  appearance  exhibited  by  the  skull  in  question, 
while  I  was  handling  and  examining  it  in  court. 
But  I  could  by  no  means  say  that  such  an  appear- 
ance could  not  also  have  been  occasioned  by  any 
violent  injury  suffered  by  the  skull  five,  eight,  ten, 
or  twelve  years  after  death.  It  will  be  observed 
that  the  skull  in  question  was  found  in  a  tough, 
clayey  soil,  near  a  stream,  where  it  may  have  lain 
for  twelve  years  or  more,  without  probably  having 
ever  been  touched  or  disturbed  since  first  deposited 
there ;  and,  when  first  discovered,  was  carefully 
removed  by  the  hand  only  of  him  who  first  saw  it. 
What  inference  is  to  be  drawn  from  the  fact  that 
the  skull  was  found  full  of  earth,  but  not  the  sockets 
of  the  eyes,  nor  the  mouth,  I  know  not. 

As  to  judging,  from  the  mere  skull,  of  the  general 
form  of  the  countenance  during  life,  it  is  obviously 
a  matter  of  infinite  difficulty.  Who,  for  instance, 
can  tell  whether  the  party's  face  was  a  fat  or  a  lean 
one  ?     All  I  can  say  is,  that  having  heard  the  same 


CIRCUMSTANTIAL    EVIDENCE.  499 

account  given  by  so  many  of  the  witnesses  of 
Huntley's  face  and  head,  and  without  regarding 
their  further  statement  that  the  skull,  in  their  opin- 
ion, had  belonged  to  him,  I  thought  it  probable  that 
such  was  the  fact.  The  skull  was  large,  particularly 
towards  the  back  part ;  the  forehead  narrow,  and 
rather  retreating ;  there  was  some  sinking  between 
the  eyebrows  ;  and  from  the  bones  of  the  nose,  I 
should  think  it  must  have  been  a  flat,  spreading 
nose.  The  only  professional  witness  called,  was  a 
respectable  surgeon  who  lived  in  the  neighborhood 
where  the  bones  were  found.  He  swore  that  when 
he  first  saw  the  jaw-bone,  a  day  or  two  after  it  had 
been  discovered,  it  contained  the  remarkable  pro- 
jecting tooth  in  question  ;  and  from  the  form  of  the 
skull,  and  of  the  pelvis,  he  was  confident  that  they 
had  been  those  of  an  adult  male.  He  also  said, 
that  from  the  form  of  the  socket,  it  must  have  con- 
tained such  a  tooth  as  would  have  given  Huntley 
the  appearance  described  by  the  witnesses.  "  It 
is,"  said  he,  holding  the  skull  and  jaw-bone  together 
in  his  hand,  "  the  skull  of  a  person  who  had  a  short 
round  face,  a  low  forehead  sloping  back,  a  broad 
flat  nose,  and  a  depression  at  the  top  of  it.  The 
bones,"  he  continued,  "appeared  to  have  been  in 
the  ground  nine  or   ten   years :  they   might  have 


500  FAMOUS    CASES    OF 

lain  there  as  long  even  as  twenty  years  ;  and  though 
certainly  much  would  depend,  with  reference  to 
such  a  point,  upon  the  nature  of  the  soil  where  they 
had  lain,  he  had  not  made  any  chemical  examina- 
tion of  it.  From  the  broken  appearance  of  the 
skull,  he  pronounced  a  confident  opinion  that  the 
person  to  whom  it  had  belonged  '  had  died  a  vio- 
lent death.' "  In  answer  to  a  pointed  question  from 
the  judge,  the  witness  repeated  that  the  tooth  in 
question,  when  he  saw  it  in  the  jaw,  projected  a 
good  deal  more  than  such  a  tooth  generally  did. 
So  much  for  the  bones. 

Then  was  offered  in  evidence  the  deposition  of 
Thomas  Groundy,  {ante,  p.  166),  and  the  prisoner's 
counsel  strongly  urged  that  it  was  inadmissible. 
The  judge,  however,  received  it.  Groundy  had 
been  admitted  by  the  magistrates  to  give  evidence, 
having  been  himself,  thereby,  exonerated  from  the 
charge  against  him ;  that  evidence  had  been  given 
on  oath,  voluntarily,  and  in  the  presence  of  the 
prisoner,  who  might  have  put  to  him  any  questions 
which  he  might  have  thought  proper ;  the  witness 
was  since  dead ;  and  his  deposition  fell  within  the 
ordinary  rule — being  admissible  in  evidence ;  but 
what  credit  was  due  to  it,  was,  of  course,  quite 
another  matter.     It  may,  however,  admit  of  great 


CIRCUMSTANTIAL    EVIDENCE.  501 

doubt  whether  this  all-important  document  was 
not  really  inadmissible  on  a  technical  ground,  which 
a  careful  examination  of  the  "  caption  "  may  suggest 
to  criminal  lawyers.  The  governor  of  the  castle 
was  then  sworn,  and  he  proved  the  fact  of  Groun- 
dy's  having  been  found  dead  in  the  manner  already 
described;  and  then  the  deposition  was  formally 
read  in  evidence  by  the  officer  of  the  court. 

Mr.  Garbutt  (the  first  witness,  and  who  was  also 
the  clerk  to  the  magistrate)    then  proved,  that  as 
soon  as  the  above  deposition  had  been  made,  he, 
accompanied  by  a  police  officer,  went  to  Crathorne 
Wood,    and   they   found  places  in  it  exactly  corre- 
sponding with  those  named  in  the  deposition.     At 
the  instance  of  the  prisoner's   counsel,  Gernon,  the 
officer  to  whose  care  the  bones  had  been  first  com- 
mitted,   was  recalled,    and   produced   a   flat  button 
which  had  been  found  near  the  bones,  and  which 
was    of  a  different    description    from    the    buttons 
which  had  been  spoken  of  by  the  witnesses  as  worn 
by    Huntley ;    this    circumstance    was  adduced  for 
the  purpose,  of  course,    of  weakening  the  evidence 
of  identity.     The  prisoner's  own  statement,  (ante,  p. 
170),  on  being  committed  for  trial,  was  then  form- 
ally put  in  and  read.     This  closed  the  case  against 
the  prisoner  ;  and  it  being  nearly  seven  o'clock  in 


502  .FAMOUS    CASES     OF 

the  evening,  the  court  adjourned — the  jury  being 
accommodated  during  the  night  in  the  castle,  so 
that  they  might  enter  into  conversation  with  no 
persons  whatever,  on  any  pretence. 

When  the  prisoner  was  again  placed  at  the  bar, 
at  nine  o'clock  on  the  ensuing  morning,  his  coun- 
tenance bore  marks  of  the  anxiety  and  agitation 
which  he  must  have  endured  in  the  interval,  and 
looked  worn  and  haggard  indeed.  His  counsel 
then  rose,  and  addressed  the  jury  for  three  hours, 
with  much  eloquence  and  ingenuity.  He  im- 
pugned the  credibility  of  almost  all  the  witnesses — 
especially  those  who  had  given  the  strongest  evi- 
dence. He  denied  that  there  was  a  tittle  of  evidence 
to  show  that  Huntley  was  not  at  this  moment  alive 
and  well — and  ridiculed  the  idea  of  the  skull  pro- 
duced being  that  of  Huntley,  commenting  with  just 
severity  on  the  absence  of  the  tooth — the  great 
point  of  the  pretended  identity.  His  opinion,  he 
said,  was,  that  the  bones  had  belonged  to  a  female  ; 
and  his  "  hypothesis,"  that  some  drunken  person 
had  fallen  from  the  bridge  into  the  stream,  been 
drowned,  and  the  body  carried  down  by  the  current 
and  forced  into  the  bend  of  the  stream,  where 
the  bones  had  been  found.  He  proceeded  to  argue, 
that  the  prisoner's  possession   of  Huntley's  clothes 


CIRCUMSTANTIAL     EVIDENCE.  503 

and  property — which  he  denied  to  be  the  fact,  for 
the  witnesses  "  could  not  be  depended  upon  " — 
was  consistent  with  a  scheme  between  him  and 
Huntley  to  enable  the  latter  to  go  to  America. 
He  said  the  evidence  was  a  tissue  of  exaggerations, 
misrepresentations,  and  perjuries  —  the  legitimate 
produce  of  the  "  blood  money  " — which  had  been 
had  recourse  to.  If  Huntley  were  murdered,  again, 
might  it  not  have  been  by  Garbutt?  or  Groundy — 
who  had,  immediately  after  his  false  evidence,  gone 
and  hanged  himself,  like  Judas  ?  He  sat  down, 
after  a  powerful  appeal,  urging  on  the  jury  that  it 
was  infinitely  better  that  ten  guilty  persons  should 
escape,  than  that  one  innocent  person  should  be 
condemned  ;  and  Baron  Rolfe  immediately  proceed- 
ed to  discharge  his  responsible  and  difficult  duty  of 
summing  up  the  whole  case  to  the  jury.  I  took  no 
notes  of  it ;  and  do  not,  consequently,  feel  myself 
warranted  in  giving  any  detailed  account  of  so  crit- 
ical a  matter  from  mere  recollection.  None  of  the 
newspapers  have  rendered  me,  in  this  dilemma, 
the  slightest  assistance:  for,  after  giving  at  great 
length  the  speech  of  the  prisoner's  counsel  (who, 
01  course,  must  take  only  one  view  of  the  case),  the 
view  taken  by  the  judge — the  able,  experienced,, 
and  impartial  person,  on  whose  view,  in  nine  cases 

14 


504  FAMOUS    CASES    OF 

out  of  ten,  adopted  by  the  jury,  the  prisoner's  fate 
almost  exclusively  depends — is  thus  summarily  dis- 
missed : — "  Mr.  Baron  Rolfe  then  proceeded  to 
sum  up,  commenting  on  the  evidence  as  he  pro- 
ceeded, and  pointing  out  such  facts  as  bore  for  or 
against  the  prisoner ;  " — but  what  those  facts  were, 
or  how  dealt  with  by  the  judge,  the  reader  of  the 
newspaper  has  not  the  slightest  glimmering  notion 
afforded  him.  If  anything  said  by  me  could  have 
the  least  weight  with  the  gentlemen  who  perform 
the  honorable  and  responsible  duties  of  reporting 
cases  of  law — especially  in  great  criminal  trials — in 
the  newspapers,  I  would  recommend  them  to  g?ve 
the  evidence  fully,  and  also  a  careful  account  of  the 
judge''s  summing  up  to  the  jury.  The  following  is 
the  best  account  I  can  present  of  this  important 
summing  up. 

Mr.  Baron  Rolfe  was  decidedly  adverse  to  a  con- 
viction. He  first  read  over  to  the  jury  the  whole 
of  the  evidence  which  had  been  adduced  in  the 
case  ;  and  then  gave  a  lucid  statement  of  the  princi- 
ples by  which  the  law  required  them  to  be  governed, 
in  estimating  the  value  of  that  evidence.  He  left 
it  fairly  to  them  to  judge  whether  sufficient  had 
been  done  to  satisfy  them,  beyond  all  reasonable 
doubt,  that  the  bones  produced  were  those  »f  Hunt- 


CIRCUMSTANTIAL    EVIDENCE.  505 

ley  ;  but  accompanied  by  a  strong  expression  of  his 
own  opinion,  that  the  evidence  was  of  an  unsatis- 
factory nature.  Unless  they  were  satisfied  on  that 
head,  there  was  an  end  of  the  case ;  for  the  very 
first  step  failed,  viz.,  proving  that  Huntley  was  dead. 
If,  however,  on  the  whole  of  the  facts,  they  should 
feel  satisfied  in  the  affirmative,  then  came  the  two 
other  great  questions  in  the  case — had  Huntley 
been  murdered? — and  by  the  prisoner  at  the  bar? 
Was  the  evidence  strong  enough  to  bring  home  the 
charge  to  him?  His  lordship  advised  them  tc 
place  little  or  no  reliance  on  the  evidence  contained 
in  Groundy's  deposition  ;  and  then  proceeded  to 
analyze  the  viva  voce  evidence  which  had  been 
given.  Even  if  the  whole  of  it  were  believed  by 
the  jury,  still  it  was  not  absolutely  inconsistent  with 
the  fact  of  the  prisoner's  innocence  of  having  mur- 
dered Huntley,  and  with  the  truth  of  his  story  that 
he  had  assisted  Huntley  in  going  off  secretly  to 
America.  Without  impugning  the  general  charac- 
ter of  the  witnesses,  his  lordship  pointed  out  how 
unconsciously  liable  persons  were,  in  cases  like 
these,  to  fit  facts  to  preconceived  notions,  giving 
them  a  complexion  and  a  connection  not  warranta- 
ble by  the  reality — and  all  this  without  intending 
to  state  what  they  believed  to  be  untrue.     Many  of 


506  FAMOUS     CASES     OF 

the  facts  spoken  to  were  utterly  irreconcilable  with 
the  supposition  of  the  prisoner's  conscious  guilt ; 
while  others  again  were  certainly  difficult  to  be 
accounted  for  on  the  supposition  of  his  innocence. 
Some  were  highly  improbable,  and  others  incon- 
sistent ;  while  in  one  or  two  instances  there  were 
material  discrepancies  between  the  witnesses  :  for 
instance,  Maw  spoke  positively  to  seeing  six  shirts, 
numbered  accordingly,  up  to  "  W.  H.  6  ;  "  whereas 
Bewick  proved  that  there  were  only  five — that 
Huntley  and  the  prisoner  had  bought  a  web 
sufficient  to  make  them  five  shirts  apiece. 

Again,  the  time  and  place  where  the  blood  was 
found — if  found  it  had  been — and  the  two  reports  of 
a  gun  in  the  wood,  were,  especially  when  coupled 
with  the  great  distance  from  that  locality  of  the  spot 
where  the  bones  were  found,  circumstances  very 
difficult  to  connect  with  the  death  of  Huntley,  in 
the  manner  suggested  by  the  counsel  for  the  crown. 
The  case,  in  fact,  was  distinguished  by  many  singu- 
lar circumstances  —  and  the  duty  which  thus  de- 
volved on  the  jury  was  a  serious  and  difficult  one, 
requiring  of  them  calm  and  unprejudiced  consider- 
ation. They  were  to  remember  that  it  was  for  the 
prosecutor  to  satisfy  them  of  the  guilt  of  the  priso- 
ner— beyond    all   reasonable    doubt.     If,    however, 


CIRCUMSTANTIAL    EVIDENCE.  507 

they  did  entertain  serious  doubts,  then  it  was  their 
duty  to  consider  the  case  as  not  proved,  or — to  use 
a  phrase  of  which  his  lordship  did  not  approve — "  to 
give  the  prisoner  the  benefit  of  the  doubt."  Final- 
ly, they  had  sworn  to  give  their  verdict  according 
to  the  evidence,  and  that  only.  It  was  their  solemn 
duty  to  do  so,  and  entirely  to  disregard  any  conse- 
quences that  might  follow  their  verdict. 

The  jury  then  retired  from  court,  attended,  as  usual, 
by  a  sworn  bailiff,  and  taking  with  them  the  bones 
which  had  been  produced  in  evidence.  The  pris- 
oner eyed  them  as  they  went  with  deep  anxiety, 
and  was  then  removed  from  the  bar,  to  await  the 
agitating  moment  of  their  return.  While  he  is  sit- 
ting alone  in  this  frightful  suspense,  and  the  jury 
are  engaged  in  their  solemn  deliberation,  let  us 
endeavor  ourselves  to  deal  with  this  extraordinary 
case,  by  considering  the  principles  which  our  law 
brings  to  bear  upon  such  an  inquiry — the  various 
solutions  of  which  the  facts  are  susceptible,  and 
which  of  those  solutions  we  should  ourselves  be  in- 
clined to  adopt. 

Let  us  consider,  for  a  moment,  what  difficulties 
the  law  has  to  contend  with  in  setting  about  to  dis- 
cover the  perpetrator  of  such  an  enormous  crime  as 
that  of  murder — that  is,  of  malicious  and  premedi- 


508  FAMOUS    CASES    OF 

;ated  killing.     In  such  a  case  the   deed  is  done,  not 
suddenly,  openly,    recklessly — the   criminal,    in   the 
frenzy  of  the  moment,  avowing  his  guilt,  or,  with  the 
sullen  feeling  of  gratified  malice,  making  no  attempt 
to  fly  from,  or  conceal  it,  but  secretly,  with  time  and 
place  so  carefully  pre-arranged,  as  to  leave  no  trace 
of  his  presence  or  his  acts,  and  thereby  secure  every 
chance  of  impunity.     His  success  will  depend  almost 
entirely,  in  such  a  horrid  emergency,  upon  his  fore- 
thought and  self-possession  before,  during,  and  after 
the  doing  of  such  a  "  deed  of  dreadful   note."     He 
will  either  be  alone  in  his   guilt,  or  select  a  confed- 
erate or  confederates  not  likely  to  betray  him.     His 
object   will   be   entirely  to   disconnect  himself  with 
the  transaction,   so   as   to   appear  equally  innocent 
and  ignorant  of  it ;   for   which   reason   he  must,    to 
the  utmost  of  his  ability,  enact,  without  seeming  to 
do  so,  the  part  of  a  stranger,  shocked  and  horrified 
with  the  rest  of  the  world,  at   the    atrocious    act. 
But  to  do  this  successfully,  how  he  must  be  ever  on 
his  guard  !  for  if  he  be  taken  one  instant  unawares, 
the  mortal  thrust  comes,  and  all  is  over.     The  law, 
therefore,  has  often  to  grope  in  the   dark   after   the 
most  atrocious  criminals.      To  be   cold  and  circum- 
spect when  all  mankind  are  thunderstruck  with  the 
appalling  discovery — calmly  addressing  itself  to  the 


CIRCUMSTANTIAL    EVIDENCE.  509 

circumstances  then  existing,  even  of  apparently  the 
most  trivial  character,  amongst  which  may  be  found 
the  faint,  vanishing  traces  of  the  guilty  one — some 
little  oversight  of  his — something  said  or  done,  or 
omitted  to  be  said  or  done  —  which  no  human 
sagacity  could  have  anticipated  or  provided 
against — some  delicate  but  decisive  evidence  of  in- 
consistency, between  one  single  circumstance  and 
a  particular  person's  ignorance  or  innocence  of  the 
black  transaction,  must  be  seized  upon  before  it 
shall  disappear  for  ever — observed  accurately,  and 
treasured  up  safely  against  the  proper  moment  of 
disclosure. 

Still  profoundly  anxious  equally  to  avoid  accusing 
the  innocent,  and  allowing  the  guilty  to  escape — 
and  aware  of  the  cruel  tenacity  of  public  suspicion, 
when  once  roused,  against  the  individual,  or  indi- 
viduals, towards  whom  its  finger  is  first  pointed,  it 
is  slow  in  announcing  the  result  of  its  earliest  inqui- 
ries, even  its  most  stringent  convictions,  its  most 
conclusive  evidences.  After  a  minute  and  accurate 
survey  of  localities,  the  next  inquiry,  in  case  of  a 
murder,  is,  with  whom  was  the  deceased  last  seen  ? 
under  what  circumstances  ?  what  account  is  given 
of  the  matter  by  such  a  person  or  persons  ?  can  any 
motive  be  suggested  on  the  part  of  any  one  ?     Sup- 


510  FAMOUS    CASES     OF 

pose  any  inconsistency  or   improbability  should  be 
detected  in  the  account  given  by  a  suspected  per- 
son of  his  last  being  with  the  deceased,  is  it  refer- 
able fairly  to  the  confusion  into  which  such  a  start- 
ling inquiry  might  throw  the  most  innocent  person, 
or,  the  more  it  is  considered,  the   more  of  purpose 
and  motive  is  there  discernible — the   more   of  con- 
scious falsehood  ?      Has   some   answer   been    spon- 
taneously given,  suggestive  of  a  necessity  for  some 
further  inquiry,  the  answer  to  which  is  at  once  per- 
ceived, by  an  experienced  and  acute  observer,  to  be 
utterly    inconsistent    with    the    supposition    of    the 
speaker's  ignorance  of  the  transaction  in   question  ? 
Here  begins  to  kindle  the  law's  suspicion,  but  here, 
at  the  same  moment,    appear  her  forbearance   and 
humanity ;  she  will    not  suffer   a  suspected   person 
to  answer  a  single  question   upon   compulsion,    but, 
on   the   contrary,    deliberately  apprises  him   of  the 
use  which  may  be  made  of  his  answers.      Suppose, 
however,    the   next   discovery  should   be,    that   the 
missing  person  was,    within    the  knowledge   of  the 
suspected  person,  possessed  of  a   considerable   sum 
of  money  at  the  time  of  his  disappearance  :  that  the 
suspected  person,  up  to  that  time  in  abject  poverty, 
had   become    suddenly  and   unaccountably  in  pos- 
session  of  ample  funds,   and    also,   is  incontestably 


CIRCUMSTANTIAL    EVIDENCE.  511 

possessed  of  the  clothes  and  other  articles  of  personal 
property  which  had  belonged  to  the  missing  person. 
Yet  suppose,  on  the  other  hand,  the  suspected 
person  attempts  no  concealment  of  these  facts ;  and 
further,  makes  a  statement,  not  in  itself  improbable 
or  inconsistent  with  the  previous  circumstances  of 
the  missing  party,  tending  to  throw  strong  doubt 
on  the  presumed  fact  of  his  death,  to  say  nothing 
of  his  murder,  which  is  consistent,  on  reflection, 
with  all  the  proved  facts  of  the  case,  and  with  that 
of  the  missing  party's  having,  for  instance,  quitted 
the  country,  to  return  hereafter ;  here  the  law 
pauses,  is  staggered,  suspects  she  has  taken  the 
first  false  step,  and  begins,  with  increasing  anxiety 
and  diffidence,  to  inquire  further  into  the  matter. 
The  suspected  person,  in  the  mean  time,  makes  no 
attempt  to  escape,  though  enjoying  ample  oppor- 
tunities ;  and  at  length  the  law  feels  compelled  to 
remove  her  hand,  at  least  for  a  while,  vehement  as 
may  be  her  suspicions  as  to  his  actual  guilt.  Fresh 
circumstances  are  brought  to  light,  tending  to  the 
same  conclusion,  possibly  consistent  with  his  inno- 
cence, but  far  more  probably  with  his  guilt.  Still 
the  suspected  party  flies  not  before  the  darkening 
features  of  suspicion,  but  persists  calmly  in  his 
original  version  of  the  affair. 


512  FAMOUS    CASES    OF 


First,  then,  said  the  law  in  this  case,  in  the  autumn 
of  1830 — let  me  be  assured  of  the  fact  that  a 
murder  has  been  committed—  that  the  missing- 
person  is  really  dead.  Melancholy  experience  war- 
rants the  anxiety  of  the  law  on  this  score,  namely, 
to  obtain  evidence  that  the  missing  person  is  actu- 
ally dead.  The  great  Sir  Matthew  Hale  would 
never  allow  a  conviction  for  murder,  unless  proof 
were  first  given  of  the  death  of  the  party  charged 
to  have  been  murdered,  by  either  direct  evidence 
of  the  fact,  or  the  actual  finding  of  the  body  ;  "  and 
this,"  says  he  (2  Hale,  290),  "for  the  sake  of  two 
cases — the  first  one  mentioned  by  my  Lord  Coke  : 
'  The  niece  of  a  gentleman  had  been  heard  to  cry 
out,  Good  uncle,  do  not  kill  me  !  and  soon  after- 
wards disappeared.  He,  being  presently  suspected 
of  having  destroyed  her  for  the  sake  of  her  prop- 
erty, was  required  to  produce  her  before  the  justices 
of  assizes.  She,  however,  had  absconded,  whereby 
he  was  unable  to  produce  her ;  but  thinking  to 
avert  suspicion,  procured  another  girl  resembling 
his  niece,  and  produced  her  as  his  niece.  The  fraud 
was  detected,  and,  together  with  other  circum- 
stances, appealed  co  strongly  to  prove  the  guilt  of 
the  uncle,  that  he  wa:<  convicted  and  executed  for 
the  supposed  murder  'A  his  niece,  who,  as  it  after- 


CIRCUMSTANTIAL    EVIDENCE.  513 

wards  turned  out,  was  still  living.'  The  second 
case,"  continues  Sir  Matthew  Hale,  "  happened 
within  my  own  remembrance,  in  Staffordshire,  where 
one  A  was  long  missing  ;  and  upon  strong  presump- 
tions, B  was  supposed  to  have  murdered  him,  and 
to  have  consumed  him  to  ashes  in  an  oven,  that 
he  might  never  be  found  ;  and  upon  this,  B  was 
indicted  for  murder,  convicted,  and  executed. 
Within  one  year  afterwards,  A  returned,  having 
been  indeed  sent  beyond  seas  against  his  will 
by  B,  who  had  thus  been  innocent  of  the 
offence  for  which  he  suffered."  But  by  far  the  most 
remarkable  case  of  this  kind  on  record  is  that  of 
Ambrose  Gwynnet,  who,  on  evidence,  which  really 
appeared  conclusive  and  irresistible,  was  condemned 
for  murder,  hanged,  and  gibbeted ;  yet  in  conse- 
quence of  a  series  of  singular  circumstances,  he 
survived  his  supposed  execution — escaped  to  a  for- 
eign country,  and  there  actually  saw  and  conversed 
with  the  very  person  for  the  murder  of  whom  he 
had  been  condemned  to  die.  Surely  the  frightful 
possibility  of  the  recurrence  of  such  cases  as  these, 
warrants  the  law  in  requiring  full  and  decisive  evi- 
dence of  the  death  of  the  party  missing.  By  this, 
however,  is  not  meant  that  actual  proof  of  the  find- 
ing and  identifying  of  the  body  is  absolutely  essen- 


514  FAMOUS    CASES    OF 

tial.  "  To  lay  down  a  strict  rule  to  such  an  ex- 
tent," justly  observes  Mr.  Starkie,  "  might  be 
productive  of  the  most  horrible  consequences." 
Accordingly,  in  Hindmarctis  case  (2  Leach,  571),  a 
mariner  being  indicted  for  the  murder  of  his  captain 
at  sea,  and  a  witness  swearing  that  he  saw  the 
prisoner  throw  the  captain  overboard,  and  proof 
having  been  given  that  he  was  never  seen  or  heard 
of  afterwards,  it  was  left  to  the  jury  to  say  whether 
the  deceased  had  not  been  killed  by  the  prisoner, 
before  being  thrown  into  the  sea.  The  jury  found 
him  guilty — with  the  subsequent  unanimous  appro- 
bation of  the  twelve  judges,  to  whom  the  case  was 
referred,  and  the  prisoner  was  executed.  It  is 
indeed  easy  to  imagine  cases  in  which  the  bodies 
of  murdered  persons,  especially  infants,  might  be 
removed  at  once,  and  for  ever,  by  the  murderers, 
beyond  the  reach  of  discovery. 

In  the  case  before  us — where  was,  in  1830,  the 
corpus  delicti — proof  of  the  fact  that  a  murder  had 
been  actually  committed  ?  The  grounds  of  suspi- 
cion were  extraordinarily  strong ;  but  our  law  will 
not  convict  upon  mere  suspicion.  Then  how  far 
was  this  essential  deficiency  supplied  in  1841,  by 
the  discovery' of  the  skeleton,  coupled  with  the 
additional  evidence  which  that  event  enabled  those 


CIRCUMSTANTIAL     EVIDENCE.  51. 


eneaeed  in  the  investigation  to  collect?  First — 
Was  that  skeleton  the  skeleton  of  Huntley  ?  It  was 
a  very  singular  place  for  a  skeleton  to  have  been 
found  in ;  the.  position  of  the  bones  was  curious, 
to  say  the  least,  strongly  favoring  the  notion  of  the 
body  to  which  they  had  belonged  having  been  has- 
tily doubled  up  and  thrust  into  the  earth  in  the  way 
suggested  ;  the  prominent  tooth  was  a  most  signal 
token  of  identity ;  and  as  a  fact,  spoken  to  by  sev- 
eral credible  witnesses  ;  the  general  appearance  of 
the  skull  certainly  suited  the  descriptions  of  Hunt- 
ley'9  countenance  and  head  given  by  many 
witnesses  ;  and  its  battered,  broken  appearance  be- 
hind, was,  to  say  the  least,  a  singular  circumstance 
in  the  case.  But  I  can  add  nothing  to  what  I  have 
already  presented  to  the  reader  on  this  part  of  the 
case — and  he  must  judge  for  himself. 

To  come  next  to  the  testimony  of  the  witnesses. 
Let  me  first  advert  to  the  circumstance  of  the 
reward  of  one  hundred  pounds  offered  for  the  pro- 
duction of  such  evidence  as  should  lead  to  a  con- 
viction. Whether  or  not  such  a  procedure  be  a  pol- 
itic one  ?  whether  calculated  to  assist  or  obstruct  the 
progress  of  justice?  in  the  one  case,  stimulating  per- 
sons who  would  otherwise  be  indifferent,  into  fer- 
reting out  real  facts ;   in  the  other  case,  by  tempting 


516  FAMOUS    CASES    OF 

to  the  fabrication  of  false  evidence  for  the  sake  of 
gain — I  shall  not  stay  to  inquire.  It  is  in  my  opin- 
ion a  question  of  importance  and  difficulty  ;  but  one 
thing  is  clear — the  practice  affords  a  constant  topic, 
under  the  name  of  "blood  money,"  for  vituperative 
declamation  on  behalf  of  the  most  guilty  prisoner,  and 
is  calculated  too  often  to  turn  the  scale  the  wrong 
way — to  incline  a  candid,  but  anxious  juryman  to  a 
distrust  of  evidence  really  of  the  most  satisfactory 
description.  Of  course,  I  can  speak  for  myself  only: 
but  I  believe  that  in  the  case  under  consideration, 
all  the  witnesses  intended  to  speak  the  truth.  I 
think  Baron  Rolfe  was  also  of  that  opinion,  though 
he  seemed  to  suspect  that  one  or  two  of  the  wit- 
nesses, by  long  brooding  over  the  matter,  had  got 
to  put  things  together  which  ought  not  to  have 
been  so  connected,  and  even  to  suppose  one  or  two 
matters  to  have  happened,  which  had  not.  There 
were  certainly  discrepancies — but  none,  as  it  seem- 
ed to  me,  of  a  very  material  description  ;  and  could 
it  be  otherwise,  when  such  a  large  body  of  witness- 
es came  to  speak  to  so  many  different  circumstances, 
which  had  happened  so  long  before  ?  An  entire 
concord,  in  things  great  and  small,  would  have 
been  a  most  palpable  badge  of  fraud  and  falsehood. 
The  circumstance   of  Huntley's  sudden  disappear- 


CIRCUMSTANTIAL     EVIDENCE.  517 

ance  only  the  day  but  one  before  a  particular  day, 
viz.,  Monday,  2d  August,  on  which  Yarm  Fair  was 
held,  will  account  for  a  tolerably  minute  recollection 
of  what  happened  about  that  period  :  and  above  all, 
the  attention  of  the  whole  neighborhood  was 
directed,  at  the  time,  to  the  circumstances  attending 
so  remarkable  and  sudden  a  disappearance  of 
one  of  their  neighbors  and  companions.  Several 
of  the  principal  witnesses,  moreover,  answered 
promptly  in  the  affirmative  to  questions  put  by  the 
prisoner's  counsel,  manifestly  for  his  advantage — for 
instance,  as  to  their  having  heard  Huntley  himself 
talk  of  going  to  America,  and  the  absence  of  all  con- 
cealment by  the  prisoner  of  the  clothes,  &c,  be- 
longing to  Huntley.  As  to  the  discrepancy  with 
reference  to  the  six  shirts  spoken  of  so  distinctly 
and  specifically  by  Maw,  while  Bewick,  whom  he 
described  to  have  been  with  him  at  the  time,  spoke 
of  there  being  only  five,  and  gave  a  decisive  reason 
for  it,  with  very  great  deference  to  the  judge,  who 
deemed  it  of  importance,  I  think  it  deserving  of 
little  consideration.  Bewick  corroborates  Maw  up 
to  five  of  the  shirts,  leaving  it  plain  that  Maw  is 
under  a  bona  fide  mistake — after  such  a  lapse  01 
time — as  t©  there  having  been  a  sixth.  Thus  the 
'mportant  fact  of  the  prisoner's  being  in  possession 


518  FAMOUS     CASES     OF 

of  five  new  shirts  belonging  to  Huntley,  is  clearly 
established ;  for  the  mere  negative  evidence  of  the 
old  woman,  Hannah  Best,  is  unworthy  of  notice. 

Let  me  first  direct  attention  to  the  prisoner's  own 
statement — a  matter  which,  especially  when  the 
statement  is  made  deliberately,  is  always  worthy  of 
attention.  "  In  criminal  cases," — observes  the  dis- 
tinguished writer  on  the  Law  of  Evidence,  from 
whom  I  have  already  quoted, — "the  statement  made 
by  the  accused  is  of  essential  importance  in  some 
points  of  view.  Such  is  the  complexity  of  human 
affairs,  and  so  infinite  the  combinations  of  circum- 
stances, that  the  true  hypothesis  which  is  capable 
of  explaining  and  reuniting  all  the  apparently  con- 
flicting circumstances  of  the  case,  may  escape  the 
acutest  penetration  : — but  the  prisoner,  so  far  as  he 
alone  is  concerned,  can  always  afford  a  clue  to 
them ;  and  though  he  may  be  unable  to  support  his 
statement  by  evidence,  his  account  of  the  transac- 
tion is,  for  this  purpose,  always  most  material  and 
important.  The  effect  may  be,  on  the  one  hand,  to 
suggest  a  view  which  consists  with  the  innocence 
of  the  accused,  and  might  otherwise  have  escaped 
observation ;  while,  on  the  other  hand,  its  effect 
may  be  to  narrow  the  question  to  the  consideration 


CIRCUMSTANTIAL    EVIDENCE.  519 

whether    that  statement  be  or  be  not  excluded   by 
the  evidence." 

Now,  in  the  present  case,  the  prisoner's  statement 
corroborates  a  considerable  portion  of  the  evi- 
dence. He  admits  a  full  knowledge,  on  Thursday, 
22d  July,  1830,  of  Huntley's  possession  of  ^85,  16s. 
4d.,  and  that  Thursday,  29th  July,  1830,  was  "the 
very  last  time  he  clapped  eyes  on "  Huntley. 
Nevertheless,  four  witnesses  speak  decisively  to 
the  fact  of  their  having  seen  him  in  Huntley's  com- 
pany at  four  different  periods  of  the  ensuing  mem- 
orable day,  Friday — viz.,  5  o'clock,  a.  m.  ;  3  or  4 
o'clock,  p.m.;  8  o'clock,  p.m.;  and  9  or  10  o'clock, 
p.  m. — on  the  last  of  which  occasions,  the  prisoner 
(having  a  gun  in  his  hand),  Huntley,  and  Garbutt 
being  together,  and  going  towards  Crathorne 
Wood,  to  which  they  were  then  very  near.  Was 
this  a  mere  error  of  recollection,  or  a  wilful  false- 
hood of  the  prisoner's  ?  Or  are  all  the  four  wit- 
nesses contradicting  him — each  speaking  .to  a  differ- 
ent period  of  the  day,  and  to  a  different  place — in 
error,  or  conspirators  and  perjurers?  If  they  be 
speaking  the  truth,  it  is  next  to  impossible  to  be- 
lieve that  Goldsborough  could  have  had  forgotten 
the  circumstance  of  his  having  been  so  much  in 
Huntley's  company,  up  even  to  within  an  hour  or  two 


520  FAMOUS    CASES    OF 

of  his  being  so  mysteriously  missing — knowing  that 
his  movements  in  connection  with  Huntley  had  im- 
mediately become  the  subject  of  keen  inquiry,  and 
most  vehement  suspicion.  If,  then,  he  deliberately 
falsified  the  fact,  what  are  we  at  liberty  to  infer  from 
that  circumstance  as  to  his  object  and  motives  for 
so  doing  ?  Again,  before  he  made  the  statement, 
he  had  heard  all  the  evidence  against  him  read 
over  ;  and  an  essential  part  of  it  was  that  respecting 
his  having  been,  so  soon  after  Huntley's  disappear- 
ance, in  possession  of  his  clothes,  and  also  of  a 
large  sum  of  money.  Yet  he  makes  no  allusion  to 
these  matters ;  neither  denies  nor  accounts  for 
them  in  any  way  whatever:  and  it  must  not  be 
forgotten  that,  when  arrested  by  Gernon,  in  June, 
1 84 1,  he  denied  having  ever  had  any  of  Huntley's 
clothes,  or  his  watch.  He  makes  no  attempt  to 
account  for  his  sudden  possession  of  so  much  mon- 
ey between  the  period  of  Huntley's  disappearance 
and  the  spring  of  1831  ;  though  he  did  state  then, 
that  he  had  married  a  wife  with  eighty  pounds !  Nor 
does  he  offer  any  explanation  of  the  contradictory 
accounts  which  he  had  given  as  to  Huntley's  hav- 
ing gone  to  America,  and  his — the  prisoner's — 
possession  of  the  clothes,  &c.  ;  nor  re-affirm  any  of 
them.      In  short,  his  statement  appears  as  remark- 


CIRCUMSTA  NT/A  L    E I TDENCE.  5  2 1 

able  for  what  it  does  not  contain,  as  it  is  important 
for  what  it  does.  I  also  consider  it  characterized — 
on  the  supposition  of  his  guilt — by  no  little  tact 
and  circumspection  ;  for  he  frankly  admits  a  great 
deal  which  he  felt  he  might  be  contradicted  in,  if 
he  were  to  deny  it ;  viz.,  his  knowledge  of  Hunt- 
ley's receipt  of  the  exact  sum  (within  a  few  pence) 
on  the  day  of  his  actually  receiving  it ;  suggesting 
a  motive  for  his  absconding  to  America,  and  for 
his  having  been  so  frequently  in  the  prisoner's 
company— asserting  that  he  finally  parted  openly 
with  Huntley  at  the  shop  door  of  Farnabay,  in  the 
town  of  Hutton-Rudby ;  and  contenting  himself 
with  a  brief  but  solemn  denial  of  the  truth  of 
Groundy's  statement,  that  the  three  men  had  been 
with  Groundy  in  Crathorne  Woods,  or  Weary 
Bank  Woods. 

That  statement,  and  its  author's  suicide  immedi- 
ately after  making  it,  invests  the  whole  facts  of  the 
case  with  an  air  of  extraordinary  mystery.  It 
contains  on  the  face  of  it  surely  a  glaring  impro- 
bability— namely,  that  the  prisoner  should  have 
been  so  insane  as  to  commit  himself  gratuitously 
and  irretrievably  to  one  whom  he  knew  might  im- 
mediately have  caused  his  apprehension,  and 
secured    incontestable    proof  of   his    guilt    in  the 


522  FAMOUS    CASES     OF 

murdered  body.  Stranger  still,  perhaps,  is  it,  that 
if  Groundy  really  had  no  further  part  in  the  busi- 
ness than  he  represents  in  that  statement,  he 
should  not  have  disclosed  the  guilt  of  Goldsborough 
at  once,  instead  of  continuing  ever  after  burdened 
with  such  a  guilty  secret,  and  for  no  adequate 
motive.  It  is  to  be  observed  that  one  of  the  wit- 
nesses, Anthony  Wiles  {ante,  p.  189),  disclosed 
incidentally — (for  his  evidence  was  called  with  ano- 
ther view) — a  circumstance  worthy  of  attention — 
viz.,  that  one  of  the  men  with  whom  the  prisoner 
was  drinking  on  the  Saturday  night  after  Huntley's 
disappearance  was  Groundy  :  yet  the  prisoner  says, 
"  if  it  was  the  last  words  I  had  to  speak,  I  never 
was  with  him."  At  all  events,  a  faint  ray  of  light 
is  thrown  on  the  case,  by  the  fact  that  Groundy 
was  actually  acquainted  with  the  prisoner,  and  in 
his  company  about  the  very  time  of  the  transaction 
deposed  to.  Again,  the  truth  of  his  description  of 
the  localities  is  confirmed  by  those  who  went  to  ex- 
amine them.  The  prisoner  asked  him  nothing  when 
he  made  that  statement,  and  the  prisoner  was  invi- 
ted to  question  him  :  was  it  because  he  dared  not  ? 
Let  us  now  follow  the  course  of  events.  I  take 
it  to  be  proved  beyond  all  reasonable  doubt,  that, 
contrary  to  the   deliberately   signed  statement  of 


CIRCUMSTANTIAL    EVIDENCE.  523 

the  prisoner,  he  was  seen  with  a  gun  about  ten 
o'clock  at  night  on  Friday,  30th  July,  1830,  in 
company  with  Huntley  and  Garbutt,  near  a  lane 
or  bridle-road  leading  to  Crathorne  Wood.  That 
gun  he  had  purchased  only  a  few  days  previously, 
but  after  his  knowledge  of  the  fact  of  Huntley's 
receipt  of  his  money.  The  report  of  a  gun  is  heard 
from  the  wood  within  an  hour  or  an  hour  and  a 
half  afterwards  ;  Huntley  is  never  seen  or  heard  of 
any  more ;  and  between  twelve  and  one  o'clock 
that  night,  the  prisoner  is  observed  stealing  out  of 
his  house,  to  go  and  listen  at  the  constable's  house, 
and,  after  being  so  occupied  for  a  minute  or  two, 
return  to  his  own.  The  next  time  that  he  is  seen 
is  when  drinking  in  company  with  Groundy,  late  on 
Saturday  night  But,  to  return  for  a  moment  to 
the  wood — it  is  certainly  an  embarrassing  fact  that 
the  witness  spoke  to  having  heard  two  reports 
within  half  a  minute  of  each  other;  whereas  the 
prisoner's  was  a  single-barrelled  gun.  If  the 
witness's  recollections  were  accurate — which  I  saw 
no  reason  whatever  to  doubt — how  is  this  fact  to 
be  accounted  for  ?  If  the  prisoner's  were  the  only 
gun  there,  it  is  next  to  impossible  that  he  could 
have  so  rapidly  reloaded  and  fired  again,  especially 
under   the    horrid    circumstances    supposed.     Was 


524  FAMOUS    CASES    OF 

there,  then,  a  second  gun,  which  had  been  observed 
by  the  witness,  and  in  Garbutt's  hand  ? — or  before- 
hand, concealed,  in  readiness,  in  the  wood  ? — or 
had  he  or  the  prisoner  a  pistol  also,  with  which  to 
repair  an  ineffectual  first  shot  ? — or  was  one  of  the 
shots  fired  by  a  poacher  in  another  part  of  the 
wood  ?  However  wide  of  the  mark  may  be  all 
these  speculations,  there  was  one  fact  in  evidence 
respecting  this  gun  which  I  venture,  with  profound 
respect  to  say,  that  I  was  surprised  at  the  learned 
judge's  omitting  to  comment  upon  to  the  jury.  A 
day  or  two  after  the  disappearance  of  Huntley, 
Richardson  called  on  the  prisoner  for  payment  of 
this  gun,  when  the  prisoner  refused,  and  returned 
it,  saying  that  he  did  not  want  it,  and  had  not  used 
it :  on  which  Richardson  put  his  finger  down  the 
muzzle  to  try  it,  and  drew  it  back  all  blackened 
with  discharged  powder,  and  thus  convicted  him  of 
a  falsehood.  What  inference  may  we  draw  from 
this  fact  ? 

Then,  as  to  the  blood  found  on  the  road — a  fact 
spoken  to  by  two  credible  witnesses  at  the  trial,  one 
of  them  having  also  named  it  to  the  constable  the 
same  day  on  which  he  observed  it — was  it  human 
blood  ?  If  so,  it  was  lying  very  near  the  spot 
where    Huntley   had   last   been   seen ;    and    if  his 


CIRCUMSTANTIAL    EVIDENCE.  525 

blood,  it  must  have  been  lying  there,  moreover, 
two  days  and  two  nights — i.  e.t  from  Friday 
midnight  to  nine  o'clock,  a.  m.,  on  Monday 
morning.  The  blood  was  described  as  "  stale 
looking,"  and  the  weather  had  been  fair  and  dry, 
but  the  road  was  not  a  much  frequented  one.  It 
was  spoken  of  by  one  witness  as  a  "  pool ;"  but  if 
so,  it  could  not  have  lain  there  since  the  Friday 
night ;  blood  then  shed  would  have  become  a  dark 
coagulated  mass,  possibly  covered  with  dust.  Again, 
on  the  supposition  of  its  having  been  Huntley's 
blood,  he  must  have  been  murdered  on  the  high- 
road ;  was  that  a  probable  thing,  when  they  were 
close  by  the  secret  shades  of  Crathorne  Wood,  to 
which  they  were  all  seen  going  ?  May  they  have 
gone  into  the  wood  ?  May  Huntley  have  become 
alarmed  at  their  conduct — made  his  way  out  of  the 
wood  into  the  high-road,  and  there  received  the 
murderous  fire  of  his  assailants  ?  But  the  spot 
where  the  blood  lay  was,  moreover,  from  four  to 
six  miles'  distance  from  Stokesley  Beck,  where  the 
bones  were  found.  When  and  by  whom  was 
Huntley's  body  taken  to  Stokesley  Beck  ?  It 
could  not  have  been  taken  the  same  night, — at 
least,  it  is  very  highly  improbable  that  such  could 
be  the  fact ;  for  the  prisoner  was  at  his  own  house 


;:"  FAMOUS     CASES    OF 

between  twelve  and  one  o'clock  that  night,  if  the 
witness  was  correct  in  his  recollection  as  to  the 
hour ;  and,  according  to  Groundy's  account,  the 
body  of  Huntley  was  lying  in  the  wood  on  Wed- 
nesday, 4th  August.  Where  then  had  it  lain  be- 
tween the  Friday  night  and  the  Wednesday  follow- 
ing? In  a  secret  part  of  the  wood,  covered  up? 
or  had  it  been  buried  on  the  Friday  night  tempo- 
rarily, in  the  potato  garth,  where  Maw  said  he  saw 
some  earth  that  looked  newly  dug? 

I  own  that  I  am  not  satisfied  with  the  last  part 
of  Maw's  evidence  ;  for  it  is  hard  to  believe,  that 
had  he  really  witnessed  so  suspicious  an  appearance, 
at  such  a  spot,  after  such  a  supposed  tragedy, 
and  when  actually  in  quest  of  the  body,  he 
must  have  called  attention  to  it,  and  dug  it  up.  I 
ought  to  mention,  however,  that  it  did  not  appear 
that  Maw  was  then  aware  of  the  circumstances  of 
the  blood  on  the  road.  Here  let  me  put  together 
two  little  circumstances  in  the  case,  which  may  sug- 
gest not  an  unimportant  inference.  It  would  appear 
highly  probable,  assuming,  the  bones  to  have  been 
Huntley's,  that  for  obvious  reasons  his  body  would 
have  been  stripped  of  its  clothing,  to  lessen  any 
subsequent  chances  of  detection.  Now,  there  were 
no  vestiges    of  clothing    found  with  the  bones,  and 


CIRCUMSTANTIAL    EVIDENCE.  527 

eleven  years  was  not,  I  should  think,  a  sufficiently 
long  space  of  time  to  admit  of  woolen  clothes  decay- 
ing or  mouldering  away  so  entirely  as  to  leave  no 
trace  of  them — not  even  buttons  of  bone  or  metal 
— with  the  exception  of  one  large  flat  button,  which 
was  found  at  or  near  the  spot,  and  not  answering  to 
the  description  of  any  belonging  to  Huntley,  and 
possibly  there  by  mere  accident.  If  Huntley  had  been 
shot,  his  clothes  must  have  been  stained  and  steeped 
in  blood,  and  the  safety  of  the  murderer  or  murder- 
ers would  require  the  destruction  of  such  evidences 
of  their  guilt.  Now,  several  witnesses  speak  to  the 
fact  of  Goldsborough's  being  seen  alone  a  day  or 
two  after  Huntley's  disappearance,  in  his  house,  late 
at  night,  with  a  large  fire  (in  the  first  week  of 
August)  burning  something  that  gave  out  a  strong 
"smell  of  woolen  burning."  May  not  these  have 
been  the  bloody  clothes  of  Huntley  ? 

To  proceed.  The  prisoner,  seen  in  Huntley's 
company  up  to  within  a  few  hours  of  his  sudden  and 
total  disappearance,  is  seen,  the  day  but  one  after- 
wards, laying  out  £7  in  the  purchase  of  a  cow,  and 
in  possession  of  both  bank-notes  and  gold — having 
been,  up  to  a  very  short. time  before,  in  the  most 
abject  poverty,  and  even  destitution  ; — and,  more- 
over,  in  possession  of  a  large  quantity  of  clothes 


528  FA  MO  US     CASES    OF 

belonging,  unquestionably,  and  admittedly  by  the 
prisoner,  to  the  missing  man.  This,  of  itself,  unex- 
plained, is  sufficient  to  raise  a  violent  presumption 
of  the  prisoner's  guilt.  But  here  also  great  caution 
is  necessary.  "  If  a  horse  be  stolen  from  A,"  says 
Sir  Matthew  Hale,  "  and  the  same  day  B  be  found 
on  him,  it  is  a  strong  presumption  that  B  stole  him. 
Yet  I  do  recollect  that,  before  a  very  learned  and 
wary  judge,  in  such  an  instance,  B  was  condemned 
and  executed  at  Oxford  assizes  :  and  yet,  within 
two  assizes  afterwards,  C  being  apprehended  for 
another  robbery,  upon  his  judgment  and  execution, 
confessed  that  he  had  been  the  man  who  stole  the 
horse,  and  that,  being  closely  pursued,  he  had 
desired  B,  a  stranger,  to  walk  his  horse  for  him, 
while  he  turned  aside,  as  he  said,  for  a  necessary 
occasion,  and  escaped,  and  B  was  apprehended  with 
the  horse,  and  died  innocently." 

Now,  in  the  present  case,  here  is  a  man  suddenly 
missing,  known  to  have  been  possessed  of  a  consid- 
erable sum  of  money — the  prisoner  to  have  been 
aware  of  it — to  have  been  seen  in  his  company  up  to 
almost  the  last  moment  before  his  disappearance — to 
have  become  suddenly  enriched,  having  previously 
been  a  pauper — and  in  possession  of  many  articles  of 
clothing  belonging  to  the  missing  man.     All  these 


CIRCUMSTANTIAL    EVIDENCE.  529 

circumstances  point  one  way ;  but  then,  on  the 
other  hand,  no  attempt  was  made  by  the  prisoner 
to  conceal  his  possession  of  either  money  or  clothes, 
nor  to  escape  or  quit  the  neighborhood  during  the 
time  when  suspicion  was  hottest.  Then  he  gives 
certainly  contradictory  answers  concerning  the  way 
in  which  he  became  possessed  of  these  matters — 
but  all  may  be  reconciled  with  the  story  he  tells, 
that  the  missing  man  has  gone  to  America,  and 
that  he  (the  prisoner)  assisted  him,  and  still  seeks 
to  baffle  the  pursuit  of  his  absent  friend.  But  if  the 
latter  story  be  true,  is  it  probable,  is  it  credible,  that 
Huntley,  meditating  such  an  expedition,  would  first 
strip  himself  of  all  his  newly  purchased  clothes,  leave 
them  behind  him,  and  never  afterwards  come  or 
send  to  claim  them  ?  All  the  facts  of  the  case, 
however,  as  fairly  and  as  accurately  stated  as  I 
know  how  to  state  them,  are  now  laid  before  the 
reader ;  and  is  not  this  indeed  a  striking  specimen 
of  the  importance  of,  and  the  difficulties  attending, 
circumstantial  evidence  ? 

I  shall  proceed  to  propose  several  hypotheses  for 
consideration,  in  order  to  see  whether  any  of  them 
will  reconcile  all  the  circumstances,  or  which  of 
them  will  reconcile  most  of  them,  and  in  the  most 
natural  manner. 


53Q 


FAMOUS    CASES    OF 


"  The  force  of  circumstantial  evidence,"  observes 
Mr.  Starkie,  "  being  exclusive  in  its  nature,  and  the 
mere  coincidence  of  the  hypothesis  with  the  cir- 
cumstances being,  in  the  abstract,  insufficient,  unless 
they  exclude  every  other  supposition,  it  is  essential 
to  inquire,  with  the  most  scrupulous  attention,  what 
other  hypotheses  there  may  be  agreeing  wholly  or 
partially  with  the  facts  in  evidence.  Those  which 
agree  even  partially  with  the  circumstances  are  not 
unworthy  of  examination,  because  they  lead  to  a 
more  accurate  examination  of  those  facts  with  which, 
at  first,  they  might  appear  to  be  inconsistent ;  and 
it  is  possible  that  on  a  more  accurate  examination 
of  these  facts,  their  authenticity  may  be  rendered 
doubtful,  or  even  altogether  disproved."  The  same 
able  writer  from  whom  this  passage  is  quoted  has 
another  observation,  which  also  should  be  kept  in 
view,  while  dealing  with  the  facts  of  this  case. 

"  To  acquit,  on  light,  trivial,  and  fanciful  supposi- 
tions, and  remote  conjectures,  is  a  virtual  violation 
of  the  juror's  oath  ;  while,  on  the  other  hand,  he 
ought  not  to  condemn,  unless  the  evidence  exclude 
from  his  mind  all  reasonable  doubt  as  to  the  guilt 
of  the  accused,  and  unless  he  be  so  convinced  by 
the  evidence,    that  he  would  venture  to  act  upon 


CIRCUMSTANTIAL    EVIDENCE.  53. 

that  conviction,  in  matters  of  the  highest  concern 
and  importance  to  his  own  interest." 

First  Hypothesis. — Huntley  really  did  go  off  in 
the  way  alleged,  to  America  or  elsewhere,  to  avoid 
his  creditors,  and  also  his  wife,  from  whom  he  had 
already  separated,  and  to  be  relieved  from  the  bur- 
den of  supporting  her.  He  may  have  since  died  a 
natural — an  accidental — or  a  violent  death,  under 
circumstances  depriving  him  of  the  opportunity  of 
disposing  by  will  of  what  he  knew  was  coming  to 
him ;  and  this  death  may  have  happened  very 
shortly  after  his  departure.  He  left  the  more  val- 
uable portions  of  his  clothes  and  property,  and  a 
great  portion  of  his  money  in  Goldsborough's  hands, 
to  be  forwarded  to  him  at  the  first  convenient  oppor- 
tunity ;  and  Goldsborough  acted  dishonestly  by  him 
in  disposing  of  the  clothes,  and  spending  the  money. 
Huntley  may  be  now  alive,  and  meditating  a  return 
home. 

Second  Hypothesis. — Huntley  is  dead,  and  was 
murdered  by  Garbutt,  in  whose  company  he  had 
been  left  by  Goldsborough. — Garbutt  being  also 
pursued  by  the  officers  of  justice  for  other  offences, 
hastily  absconded,  and  may  now  be  dead,  or 
abroad. 

Third    Hypothesis. — Groundy    was    the    actual 


532  FAMOUS    CASES    OF 

murderer,  possibly  instigated  by  Goldsborough  ;  or 
Goldsborough  was  only  subsequently  informed  by 
Groundy  of  the  murder,  and  insisted  on  receiving 
a  great  portion  -of  the  money,  as  the  price  of  his 
silence. — He  committed  suicide  from  fear  lest  his 
guilt  should  come  out  in  court,  at  the  trial — through 
his  being  unable  to  stand  solemn  and  public  ques- 
tioning upon  the  subject.  He  may  have  been  also 
partly  influenced  by  remorse  at  having  wrongfully 
sworn  away  the   life   of  Goldsborough. 

Fourth  Hypothesis. — Groundy,  Garbutt,  and 
Goldsborougl\  or  Groundy  and  Goldsborough, 
Avere  all  concerned  as  principals  in  the  murder. 
The  second  gun  was  Groundy's,  who  joined  them 
in  the  wood. 

Lastly. — With  reference  to  the  prisoner  at  the 
bar,  let  us  inquire  more  fully,  whether  his  guilt,  or 
innocence,  be  more  consistent  with  the  proved 
facts  of  the  case. 

If  innocent,  he  must  stand  or  fall  by  the  story  of 
Huntley's  having  left  him  on  his  way  to  America, 
after  in  vain  pressing  Goldsborough  to  accompany 
him.  It  certainly  does  appear  that  Huntley  had 
contemplated  such  a  step,  and  thrre  are  other  cir- 
cumstances favoring  the  notion  that  Goldsborough 
and  Huntley  had  been  busily  concerting  a  scheme 


CIRCUMSTANTIAL     EVIDENCE.  533 

for  Huntley's  going-  off  privately  to  America.  He 
was,  during  the  whole  of  the  time  between  the  2  2d 
and  30th  July,  incessantly  coming  over  to  Golds- 
borough,  and  remaining  in  his  company.  At  five 
o'clock  in  the  morning  of  the  day  of  his  disappear- 
ance, he  was  seen  coming  to  Goldsborough's 
house,  where  he  was  immediately  admitted.  They 
may  have  arranged  that  Goldsborough  should  go 
and  fetch  Huntley's  things,  the  same  day,  from 
Huntley's  to  Goldsborough's  house,  to  keep  for,  or 
send  after,  Huntley ;  in  pursuance  of  which  ar- 
rangement Goldsborough  went,  and  returned  with 
the  articles  in  question  in  a  sack,  during  the  after- 
noon of  the  same  day.  It  may  have  been  a  part 
of  the  arrangement,  that  Huntley  should  leave  a 
considerable  portion  of  his  money  in  Goldsbo- 
rough's hands,  for  safety's  sake- -to  be  remitted  as 
Huntley  might  want  it.  Or  Goldsborough  might 
have  promised  and  intended  to  follow  him  shortly 
afterwards ;  but  fondness  for  his  children  may  have 
kept  him  back  ;  and  he  may  have  determined  on 
playing  Huntley  false,  and  appropriating  the  money 
and  property  left  with  him  to  his  own  use,  re- 
lying on  Huntley's  not  venturing  to  return,  lest  he 
should  be  saddled  with  the  support  of  his  wife  ;  but 
if  he  should    return,    then    resolving  to  impose  on 


534  FAMOUS     CASES    OF 


him  as  much  difficulty  as  possible  in  claiming  his 
own,  by  converting  his  money  into  articles  of  furni 
ture  and  farming  purchases.  His  contradictory 
accounts  of  Huntley's  movements  are  consistent 
with  his  wish  to  baffle  the  pursuers  of  Huntley, 
by  putting  them  on  false  scents ;  and  this  may- 
serve  to  explain  his  light  jocular  tone  in  speaking 
of  Huntley's  absence  :  "  You'll  all  see,  by-and-by, 
whether  he's  murdered  or  not."  In  this  view  of 
the  case,  the  blood  on  the  road,  the  gunshot  in  the 
wood,  and  the  burning  of  clothes  soon  afterwards, 
if  such  facts  really  happened,  have  no  true  connec- 
tion with  each  other  ;  and  the  skull  and  bones  pro- 
duced, were  not  the  skull  and  bones  of  Huntley. 
Let  it,  moreover,  be  borne  in  mind,  that  Goldsbo- 
rough  did  not  attempt  any  concealment  of  property 
or  money,  or  escape — neither  after  nor  before  sus- 
picion had  settled  on  him  ;  nor  even  when  set  at 
liberty,  after  his  arrest  in  the  month  of  July,  1841. 

But  if  the  prisoner  be  guilty,  let  us  imagine  that, 
from  the  time  of  learning  that  Huntley  had  become 
possessed  of  so  considerable  a  sum  of  monev.  the 
prisoner  had  conceived  the  idea  of  destroying  him, 
in  order  to  obtain  that  money,  and  in  such  a  manner 
as  to  warrant  the  belief  of  the  neighborhood  that 
he  had  only   carried  into  effect  his  previously  ex- 


CIRCUiUSl'ANTIAL     £  VIDEXCE. 


535 


pressed  intention  of  going  off  to  America.  That 
in  pursuance  of  such  an  intention,  Huntley  had  sent 
his  clothes,  &c,  on  the  Friday,  to  the  prisoner's 
house — that,  in  short,  they  formed  the  contents  of 
the  bag  or  sack,  which  the  prisoner  was  seen  carry- 
ing into  his  house  on  the  Friday  afternoon. 
That  either  alone  or  in  company  with  Garbutt  or 
Groundy,  he  allured  Huntley  into  Crathorne 
Wood,  under  the  pretext  of  shooting  a  hare,  and 
enjoying  a  pleasant  supper  together  ;  which  Hunt- 
ley, who  might  have  become  loquacious  through 
previous  drinking  with  the  prisoner,  and  pos- 
sibly Garbutt  and  Groundy,  or  one  of  them — 
mentioned  to  Maw,  in  a  merry  humor,  on  meet- 
ing him  on  the  road,  as  described  by  Maw.  That 
he  may  have  been  shot,  either  in  the  wood, 
or  on  the  high-road,  where  the  blood  was  found  ; 
and  his  body  buried  for  a  while,  or  concealed 
in  the  wood  till  it  could  be  permanently  disposed  of. 
That  the  prisoner  then  returned  to  his  own 
house,  and  having  been,  possibly,  alarmed  by 
some  noise  into  the  suspicion  that  his  motions  had 
been  watched,  slipped  out,  shortly  afterwards,  to 
ascertain  whether  there  were  any  grounds  for  his 
fears.     That   he    then    cleansed  himself  from  any 

marks  of  the  deed  in  which  he  had  been  engaged, 
15 


536  FAMOUS     CASES    OF 

and  resolved  on  the  course  he  should  pursue — 
namely,  to  give  out  that  he  had  sent  Huntley  on 
his  way  to  America.  That,  finding  the  current  of 
suspicion  setting  in  more  strongly  against  him  than 
he  had  anticipated,  he  resolved,  on  due  delibera- 
tion, distrusting  the  chance  of  escaping  by  flight,  to 
stay  and  brave  it  out  by  a  bold  and  consistent  ad- 
herence to  the  fiction  of  Huntley's  having  gone  off 
secretly  to  America.  That  if  neither  Garbutt  nor 
Groundy  had  been  originally  parties  to  the  murder, 
the  prisoner  may  have  taken  both,  or  either,  sub- 
sequently, into  his  confidence,  to  secure  his  or  their 
assistance  in  successfully  disposing  of  the  body; 
rewarding  him  or  them  by  a  sum  of  money,  which 
he  might  have  represented  as  being  the  greater 
portion  of  what  he  had  found  on  the  person  of 
Huntley.  That,  the  prisoner,  either  alone  or 
assisted  by  one  or  both  of  these  men,  afterwards 
disinterred  the  body,  if  temporarily  buried,  or  re- 
moved it  from  any  place  where  it  had  lain  hid, 
and  carried  it  to  Stokesley  Beck,  at  night-time,  and 
thrust  it  naked,  into  a  hole  which  they  dug  into  the 
bank  of  the  Beck,  as  a  place  distant,  secluded,  and 
likely  to  escape  suspicion  —  bringing  home  the 
bloody  clothes  and  burning  them  as  soon  as  pos- 
sible.    That     subsequently,    he    became     agitated. 


CIRCUMSTANTIAL    EVIDENCE.  537 

silent,  and  reserved — tormented  by  his  own  reflec- 
tions, and  terrified  by  the  continued  strength  of 
public  suspicion,  and  the  search  after  Huntley's 
body. 

That  his  object  being  to  divert  the  searchers,  if 
possible,  from  proceeding  towards  Stokesley  Beck, 
he  conceived  himself  likely  to  attain  that  end  by 
himself  suggesting  that  the  body  might  be  found 
there — a  bold  and  desperate  expedient,  founded  on 
the  belief  thai  any  suggestion  of  that  sort  by  him, 
would  certainly  be  disregarded.  That,  finding  the 
search  at  length  abandoned,  and  the  vehemence  of 
public  suspicion  to  be  abating,  but  yet  rendering  his 
continuance  at  Hutton-Rudby  troublesome  and  dan- 
gerous, he  resolved  to  transfer  his  residence,  under 
a  feigned  name,  to  Barnsley.  That  when,  many 
years  afterwards,  so  abruptly  challenged  as  the 
murderer  of  Huntley,  he  was  thrown  off  his  guard, 
so  as  to  forget  the  notoriety  of  his  having  possessed 
the  clothes  and  property  of  Huntley,  and  deny  that 
fact  to  the  officer  who  took  him  into  custody.  That 
he  was  dismayed  by  the  appearance  of  Groundy 
against  him,  and  dared  not  ask  him  any  questions, 
lest  he  should  thereby  reveal  more  of  the  transaction; 
and  consequently,  felt  compelled  to  content  himself 
with  a  o-eneral  denial  of  Groundv's  statement.    That 


538  FAMOUS    CASES    OF 

he  inwardly  shrunk  from  the  frightful  spectacle  of 
the  shattered  skull,  knowing  it  to  be  that  of  Hunt- 
ley,— and  that  horror  looked  up  at  him  from  these 
eyeless  sockets. But  stay  !  A  sudden  stir  an- 
nounces the  return,  after  a  long  absence,  of  the  jury  ; 
and  the  crowded  court  is  quickly  hushed  into  agita- 
ted silence,  as  the  jury  enter — the  foreman  carrying 
with  him  the  skull  and  bones  ;  and  the  prisoner  is 
replaced  at  the  bar  to  hear  his  doom.  The  judge 
has  in  readiness,  but  concealed,  the  black  cap, 
should  it  become,  within  a  few  moments,  his 
dreadful  duty  to  pronounce  sentence  of  death  upon 
the  prisoner.  The  names  of  the  jury  are  called  over 
one  by  one,  and  the  prisoner  eyes  them  with  unut- 
terable feelings.     Then  comes  the  fearful  moment. 

Clerk  of  Arraigns. — Gentlemen  of  the  Jury,  are 
you  agreed  upon  your  verdict  ?  Do  you  say  that 
Robert  Goldsborough,  the  prisoner  at  the  bar,  is 
guilty  of  the  murder  and  felony  with  which  he  stands 
charged,  or  not  guilty  ? 

Foreman. — Not  Guilty. 

Clerk  of  Arraigns. — Gentlemen  of  the  Jury,  you 
say  that  the  prisoner  at  the  bar,  Robert  Goldsbo- 
rough, is  not  guilty.  That  is  your  verdict ;  and  so 
you  say  all  ? — (To  the  Governor  of  the  Castle) — 
"  Remove  the  prisoner  from  the  bar." 


CIRCUMSTANTIAL    EVIDENCE.  539 

The  verdict  did  not  seem  wholly  unexpected  by 
the  audience  ;  and  it  was  received  by  them  in  blank 
silence. 

The  prisoner  exhibited  no  symptoms  of  satisfac- 
tion or  exultation  on  hearing  the  verdict  pronounced  ; 
but  maintained  the  same  phlegmatic,  oppressed  air 
which  he  had  exhibited  throughout.  As  soon,  how- 
ever, as  he  was  removed  from  the  bar,  and  before 
he  had  quitted  the  dock,  he  whispered,  with  trem- 
ulous eagerness,  in  the  ear  of  the  officer — "  Can 
they  try  me  again,  lad  ?"  "  No  ;  thou's  clear  of  it 
now,  altogether,"  was  the  reply :  on  which  Golds- 
borough  heaved  a  very  deep  sigh,  and  said,  "  If 
they'd  put  me  on  my  trial  in  1830,  I  could  have  got 
plenty  to  come  forward  and  clear  me."  Within  half 
an  hour  afterwards,  he  was  seen  dressed  as  he  had 
nopeared  at  the  bar  of  the  court,  only  that  he  had 
his  hat  on,  and  carried  a  small  bundle  of  clothes 
tied  up  in  a  blue  and  white  cotton  handkerchief 
under  his  arm,  walking  quietly  out  of  the  frowning 
gates  of  York  Castle,  once  more  a  free  man,  to  go 
whithersoever  he  chose.  He  was  quickly  joined  by 
two  mean-looking  men,  and  spent  the  next  hour  or 
so  in  walking  about  the  town,  and  looking  into  the 
various   shop-windows,   occasionally  followed   by  a 


540  FAMOUS    CASES    OF 

little  crowd  of  boys  and  others  who  had  recognized 
him. 

How  now  say  you,  candid  and  attentive  reader  ? 
Had  you  been  upon  the  jury,  should  you  have  said 
— Guilty \  or  Not  Guilty  ? 


G> 


^SOUTHERN  REGIONAL  LIBRARY  FACILITY 


AA    000  852  128 


